Awaiting divorce guy - matrimonial profile
16-Jan-2025 (In Divorce Law)
I got connected with a guy on matrimony site whose divorce case is going on in family court since last 3 years, mediation already failed .
Wife is working and demanding almost 80 percent of all his properties for 18 year old son” s education. He is willing to to give 1 flat n 25 lacs for son but she is not agreeing. Recently she filed domestic violence case in thane court.
Now I am in dilemma, what should I do as remarriage is not possible. I asked him to sacrifice all properties. he denied
Your dilemma is understandable, as remarriage requires careful consideration of both legal and emotional aspects. Here are the key points to consider and actions you may take:
1. Current Legal Status:
Since the divorce is not finalized, legally, the man is still married. This limits the possibility of remarriage at this stage, as bigamy is a punishable offense in India unless the divorce decree is granted.
2. Property and Settlement:
The wife demanding 80% of his properties seems excessive, especially since she is working and financially independent.
His willingness to provide a flat and ₹25 lakhs for his son appears reasonable, as courts usually consider the child’s welfare and the earning capacity of both parents.
If mediation has failed, the matter will now be decided by the family court, which typically ensures a fair division based on facts, contributions, and needs.
3. Domestic Violence Case:
The domestic violence case could be an additional complication, possibly used as leverage in the divorce or property settlement. It needs to be handled carefully.
4. Your Dilemma:
Asking him to sacrifice all his properties may not be a practical solution, as it could leave him financially insecure, and the law does not require him to give up everything.
Consider whether you are prepared to enter into a relationship with someone whose legal matters are unresolved and could take more time to conclude. His refusal to comply with your suggestion indicates his priorities, which may need alignment with your expectations.
5. Practical Advice:
Delay Commitment: Wait until his divorce is legally finalized and all legal disputes are resolved.
Assess Compatibility: Reflect on whether his current situation aligns with your values, expectations, and long-term goals.
Seek Legal Clarity: If you wish to proceed, consult a family lawyer to understand the potential implications of marrying someone with such ongoing issues.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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