Legal Question in Family Law in India

divorce

I got married at an age of 22, with my cousin sister’s daughter. Due to internal disputes between me and my wife we started living separately. - In 2006 we both talked with each other and applied for divorce. But due her younger sister’s marriage, I took back my case with an agreement. {Agreement is to wait for some time till her younger sister gets marriage} - Now its been 1years, when I went to apply for divorce she refused to give divorce, because her sister haven’t got married. - How can I get divorce with her”? As soon as possible. - When I have to give her mainteninence?? - I don’t have any land or house or agricultural land on my name, I am having only my monthly salary with me, if it is the case how much percentage of salary shall be given to her till what time. - Do I can get married, while I am giving her mainteninence??. - She is refusing to give me divorce, its better to wait till that time when she is ready to give or I can approach to any court and get from her divorce.??


Asked on 10/29/07, 11:30 pm

7 Answers from Attorneys

Nandita Haldipur Haldipur Associates

Re: divorce

need further details of teh agreemetn entered into for further advise

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Answered on 12/01/07, 9:05 am
Amit Shukla AS and Associates Legal Services

Re: divorce

Pls contact personally.

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Answered on 11/01/07, 9:42 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: divorce

You have not disclosed your

a) religion

b) place of marriage

c) education and financial background of both the parties.

d) reasons for separation.

e) since when are u living separate;

f) where are u both living?

Broadly speaking, you may seek divorce on the ground of "desertion" of your spouse; and you may be liable to pay maintenance as per your financial status. You cannot re-marry without first getting divorce.

I will be in a better position to advise you after I get detailed information as mentioned above.

NO CHARGES. FEEL FREE TO SUPPLY ME DETAILS FOR PROPER LEGAL ADVICE.

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Answered on 10/30/07, 4:23 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: divorce

Hello

There are some details missing i.e. your marriage place, reason for the sepration etc.

But anyways you have to pay maintenance and you cannot re-marry without obtaining divorce by the court.

Please contact alongwith the details.

Professional charges are applicable.

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Answered on 10/30/07, 6:55 am
G. M. Gupta gmguptaandassociates

Re: divorce

it all depends on your circumstances and your will which can be discussed only in personal meeting.

in present situation you can file for divorce but you may be asked for alimoney and maintainance. so be ready for that. it is adviced to personally consult a lawyer

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Answered on 11/05/07, 2:27 am

Re: divorce

you had already commited mistake by withdrawing the earlier petition.File a case of divorce.Your file is entitled to maintainance even now or till she does not have any source of income till your marriage is dissolved by the court till then you can not get married.In caseof need contact with details.professional charges are applicable.

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Answered on 10/30/07, 12:33 pm
rajeshwar sharma rajeshwarnathsharma

Re: divorce

Wait till the marriage of your wife sister. You can not force your wife

You may file divorce case against your wife under the grounds which are applicable in your matter

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Answered on 11/08/07, 11:16 pm


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