I was married in 1997 as per Hindu rites. I lived as a couple with my ex-husband till 2005. We had a daughter in Feb 1998. 1999 onward my husband tried a new business venture and slowly started pawning my gold and other savings for money. During this time he intermittently held jobs. By 2003-2004 we started having serious financial troubles. My ex-husband also committed some fraud to get loans from banks etc. that's when I decided to leave. In 2005, I left him and moved to Navi Mumbai with a job. I wanted to support and educate my daughter and even got her admitted in a school in Mumbai. But my ex-husband created a scene and took her away to Bangalore, where they continue to stay. I filed a divorce petition in Jan 2008 from Thane court. I pursued the matter and summons were sent to my ex-husband but he did not accept the summons or show up in court. This petition/case was closed in 2013 due to the non-appearance of parties. I would now like to know how can I get a closure and divorce in this case? We have been separated for over 14 years now. Kindly help.Read More

Posted at 09:59 AM, 14 Jun 19 | No Answers Yet

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If you legally want to marry him the first thing is that he should get a divorce from his wife by filing a mutual divorce petition or contested divorce petition. As per Hindu law, a married man can't marry another woman before taking a divorce from his wife. In your matter he needs to file a contested divorce case as the wife is not agreeing to give divorce to him. A contested divorce is one where both parties do not come to settle on the same issue unanimously. There has to be an underlying dispute in the marriage, at the heart of such divorce cases (cruelty/adultery/desertion etc., known as matrimonial offences or crimes relating to marriage).  The parties are also generally unable to agree on divorce-related issues as well i.e. one wants to break away while the other does not agree with the same, and hence the court has to step into the personal affairs of the family to either try and resort to an amicable happy ending or examine both sides and final rule that there can be no reconciliation and grant divorce. READ: Contested Divorce Under Hindu Marriage Act, 1955 You can file a contested divorce in a family court with the help of the best divorce lawyer in India, who will help in filing your case in the family court.Read More

Posted at 11:49 PM, 01 Jun 19 | 1 Answer

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 03:37 PM, 07 May 19

With respect to your query, the legal opinion is as under:- (1) Marriage can be solemenized by two adult persons as per their sweet will (2) As your friend is already married, so the only way to get into valid marriage with him is that you adopt islam and only therafter you can marry him because Muslim Law provides second marriage even while subsistence of previous marriage. (3) As Hindu you cannot marry him under Special Marriaga Act because neither of the spouse must have a living wife or husband if marriage is performed under Special Marriage Act. (4) The Special Marriage Act permits marriage between members of two different religions but none of them should have a susbsisting marital status and should not have a living spouse. (5) In nutshlell, the only way to marry the muslim boy is that you also become muslim and convert your religion and therafter marry him. (6) Under personal Law, either Hindu Law or Muslim Law, marriage between a muslim and hindu is not validRead More

Posted at 03:37 PM, 07 May 19 | 1 Answer

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A force marriage occurs when the spouse are not ready for the marriage. You can consult the best family law advocates in India to take a legal action against your forced marriage. No one can be forced to marry without their consent. If your parents are forcing you to marry someone by fraud means you can contact the Women Cell of the Local Police of the city you are in. She need to lodge a written complaint against her parents for forcing her to marry someone by fraud means. Forcing someone to get married is illegal as per the Indian Laws. And if anyone are being forced, then your Right to life and Human Rights under article 16 of Human Rights Convention are being violated. To restore your right, you need to connect with a lawyer, who will guide you about how to deal with such situations legally. We understand your problems and will help you find an experienced family law lawyer in India. They are a group that protects and helps young Indian couples to get married and to escape from forced marriage. For more information to know about forced marriage you can: READ: 5 Things to do if You are being Forced into MarriageRead More

Posted at 04:18 AM, 09 May 19 | 1 Answer

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 11:07 PM, 03 May 19

With respect to your query, the legal opinion is as under:- (1) You cannot legally marry a married man unless he obtains divorce decree from his wife. (2) Other man may also apply For getting divorce by mutual consent, husband and wife have to file joint divorce petition before Family Court. (3) Court will fix a date after six months. On the next fixed date both, husband and wife shall have to appear before the Court again. It is generally said "the second motion". If the husband and wife have not changed their mind, the Court is under legal obligation to dissolve the marriage. (4) In some cases Court can shorten the six months cooling period. But it is just discretion of the Court. (5) The consent for divorce must continue from the date of petition till the divorce decree is passed.Read More

Posted at 11:07 PM, 03 May 19 | 1 Answer

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Maybe yes or maybe not (both). Basically, its depend upon various factors like, 1. Acceptance of such relationship by the wife of the married man. 2. Social conditions and practices. 3. Prevalent laws of the land. For more clarification, you can consult an expert family law lawyer in India, who will explain to you better in your matter.Read More

Posted at 03:03 PM, 03 May 19 | 1 Answer

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As per Hindu Personal Laws, a second marriage without ending the first marriage would be null and void. If a Hindu Man or Woman wishes to remarry while their existing spouse is alive the only way to go about doing the same is to get a valid divorce. It is preferable in fact to get down to a negotiating table and negotiate the terms of any potential maintenance, alimony, custody of any children if any, jointly owned property or jointly held accounts. The couple can then approach the Family Court jointly and file a petition for mutual divorce together which is much faster and more convenient than filing a petition on any contested grounds like the marriage has broken down beyond repair. To file a divorce you can consult the best divorce lawyer in India, who will help you in filing the divorce case. Regarding the second marriage, you can't do so without divorcing your first wife. If one does so, he can be booked under IPC 494 which may result in imprisonment up to 7 years with fine and second marriage will become null & void. For further clarification, you can consult a top family law lawyer in India, who will advice you in your matter.Read More

Posted at 09:59 PM, 31 Mar 19 | 1 Answer

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If a person converted means he or she will be following the faith of new religion. So that registration is only to show at that point of time he or she married. Registration is proof of marriage performed between 2 persons. For further information, you can consult a good marriage registration lawyer in India, who will advise you better in your matter.Read More

Posted at 09:21 PM, 29 Mar 19 | 1 Answer

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Annulment refers only to making a voidable marriage null, if the marriage is void ab initio, then it is automatically null, although a legal declaration of nullity is required to establish this. Annulment is a legal procedure for declaring a marriage null and void. With the exception of bigamy and not meeting the minimum age requirement for marriage, it is rarely granted. A marriage can be declared null and void if certain legal requirements were not met at the time of the marriage. If these legal requirements were not met then the marriage is considered to have never existed in the eyes of the law. This process is called annulment. It is very different from divorce in that while a divorce dissolves a marriage that has existed, a marriage that is annulled never existed at all. Thus unlike divorce, it is retroactive, an annulled marriage is considered never to have existed. GROUNDS FOR ANNULMENT The grounds for a marriage annulment may vary according to the different legal jurisdictions, but are generally limited to fraud, bigamy, blood relationship and mental incompetence including the following: 1) Either spouse was already married to someone else at the time of the marriage in question; 2) Either spouse was too young to be married, or too young without required court or parental consent. (In some cases, such a marriage is still valid if it continues well beyond the younger spouse's reaching marriageable age); 3) Either spouse was under the influence of drugs or alcohol at the time of the marriage; 4) Either spouse was mentally incompetent at the time of the marriage; 5) If the consent to the marriage was based on fraud or force; 6) Either spouse was physically incapable to be married (typically, chronically unable to have sexual intercourse) at the time of the marriage; 7) The marriage is prohibited by law due to the relationship between the parties. This is the "prohibited degree of consanguinity", or blood relationship between the parties. The most common legal relationship is 2nd cousins; the legality of such relationship between 1st cousins varies around the world. 8) Prisoners sentenced to a term of life imprisonment may not marry. 9) Concealment (e.g. one of the parties concealed a drug addiction, prior criminal record or having a sexually transmitted disease) Now that no-fault divorce is readily available, marriage annulment is not very common. To get an annulment, a person first needs to meet the residency requirements of the state that they live in. The jurisdictional requirements are similar to those required for dissolution or divorce: one of the parties must live in the state where the marriage annulment is filed for a continuous ninety-day period. Similar to a divorce filing, marriage annulment case proceeds with a filing, petition, summons, and ancillary documents. An annulment case can be initiated by either the husband or the wife in the marriage. The grounds for marriage annulment are stated in the petition. A divorce can be much more complicated than an annulment. Annulment of marriage is very important in the scheme of matrimonial laws as there is no point in carrying the burden of divorce in cases where marriage has been solemnized on the strength of fraud or where the marriage is solemnized despite the fact that the responding spouse was already married. If you want further clarification, you can consult a good family law lawyer in India, who will advice you better in your matter.Read More

Posted at 09:51 PM, 23 Mar 19 | 1 Answer

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Irretrievable breakdown of marriage is not a special ground for divorce under Hindu Marriage Act, 1955 unlike the other three theories of divorce. However, an attempt has been made to introduce the concept in section (13) (1A) which states that: Either party to the marriage, whether solemnized before or after the commencement of this act may also present a petition for the dissolution of the marriage by a decree of divorce on the ground: - That there has been no resumption of cohabitation as between the parties to the marriage for a period of [one year] or upward after the passing of a decree for judicial separation in a proceeding to which they were parties; or There has been no restitution of conjugal rights as between the parties to the marriage for a period of [one year] or upward after the passing of the decree for restitution of conjugal rights in a proceeding to which they were parties.  In either case, if the parties are not able to resume cohabitation for one year, any of the party to the marriage can obtain a decree for divorce. Thus the common feature is the condition of living separately for a reasonably long period of time. You can consult a best divorce lawyer in India to understand the proceedings of divorce in details. READ: Irretrievable Breakdown of Marriage Under Hindu LawRead More

Posted at 08:29 AM, 10 Mar 19 | 1 Answer