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Divorce with her husband and marriage with another peson


06-Oct-2023 (In Divorce Law)
A married Lady wants to divorce her husband and wants to get court marriage with another person.But her husband don't want to sign on divorce paper and she is being tortured by her husband since a long time.In this condition How can she get rid of from his husband.she don't want to keep any relation with his husband and wants to marry with another person. Is it possible that at First she get court marriage with other person then file divorce case.
Answers (2)

Answer #1
945 votes
Hello, No you cannot go for court marriage then file divorce case. First you have to file divorce case and once you got the divorce decree then only you can do the court marriage with other person. Since your husband not signing the divorce paper in that case you can file for contested divorce on the ground of cruelty and moreover you can also claim alimony from him. Kindly contact me for detailed discussion.
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Advocate Sarvesh Roy

Adv. Sarvesh Roy

LawRato Noida | 100+ Answers
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Answer #2
762 votes
According to hindu marriage act no person can do remarriage without having decree of divorce from competent court. if your friend wants to get rid from her husband then she should file a police complaint against her husband for cruelty for demand of dowry and domestic violence for putting pressure on her husband to sign divorce petition. I am not able to explain you everything here. you or friend can contact me for detailed discussion through the administrator of this website
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Advocate Rajeev Srivastava

Adv. Rajeev Srivastava

LawRatoGhaziabad | 400+ Answers
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