Legal Question in Family Law in India
Divorce (Hindu Marriage)
My freind married in 1993 and separated since 1999 wants to seek divorce. They dont have any issues. Previously his wife had filed a case which she eventually withdrew under family pressure. But my freind is against re-conciliation. He is out of the country since 1999. He is 45+age. If he files divorce case in India, how often he would have to visit and how long it can tk to resolve the case? As it would be difficult for him to come to India on and off. He has tried to get divorce by mutual consent but his wife / in-laws prefer to remain silent. His wife/in-laws are lawyers themselves. Pls suggest shortest poss way to get a divorce as he is interested in marrying another woman whom he met through a matrimonial site soon (seeing the age factor). Your help/advice is solicited. If he files case in court, can he start living with the woman he wishes to marry during this period? What could be legal implication in that case?
7 Answers from Attorneys
Re: Divorce (Hindu Marriage)
see legally you can not do a lot of things but by twisting law u can do a lot of things. so how law can be used depends on case to case.
he will not be required to attend the case frequently and will be called only on extreme need. things can be sorted out.
For further and detailed advice please consult personally with documents. Consultation charges will apply.
Re: Divorce (Hindu Marriage)
if he files a case for divorce by mutual consent it will better as he can fininsh teh case in 2-3 hearings but if the matter is contested he will have to come to court several times until the divorce takes palce his living with another women will be illegal
Re: Divorce (Hindu Marriage)
A contested divorce case may take any time between 18 to 24 months from date of filing.
Your friend may not have to come to India during the initial stages of filing the case and/or until the dfate is fixed for final hearing of the case, on which date his presence in teh court is required. Otherwise, he may not have to come to India.
There is no law that bars two adults living together; however, during pendency of the case, the wife may take advantage of the situation to file an application for bigamy. However, this does not affect the divorce case.
Please also note that living together does not confers any right whatsoever on the female, until a formal legal marriage.
Re: Divorce (Hindu Marriage)
good morning
at this stage staying with another women is illegal to the law. in this case he can get mutually divorced so he can finish the court procedure in about 5 to 6 hearing or else if the matter is contested then he has to visit often to india
good luck !!
Re: Divorce (Hindu Marriage)
Things can be taken care of.without getting divorce he can not marry to any other lady.Contact with details.
Re: Divorce (Hindu Marriage)
Yes, considering the age factor, the man should pursue his divorce case vigourously. there may be options for filing a divorce in his country of residence. please provide more details.
Re: Divorce (Hindu Marriage)
Shortest way to get divorce is only by mutual consent. File divorce case on the ground of cruelty or separation. There is no time for the the order.
Living with your girl friend is no offence.
After filing the case with permission of the court, you may prosecute the case through your attorney. For further query you contact me
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