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Legal Advice regarding divorce
23-Nov-2023 (In Divorce Law)
I am Male,Hindu and married on 6 Jun 2003. My wife and myself lived together till Oct 2003 after which she left for her parents house. We again met for 2 days at my parents place in last week of Dec 2003. After that and till today we haven't met physically, I didn't file divorce as I was not interested in marrying again and I didn't want to grant her any alimony
But now my age is 47 and my parents ages are 76 & 72. So to take care of them at least I might be interested in marrying again.
Since, now it's more than 15 years post marriage,can I marry another woman without intimating the woman I married on 6 Jun 2003 OR can I divorce her without giving her any alimony?
I don't mind informing them BUT I don't want them to be in a position to ask or demand for alimony( I have not taken any dowry). But I have heard that if a couple stay apart for any reason for some time (10 yrs or more),their marriage is null & void. Please mention sec.
Please reply ASAP
No there is no such ruling that staying apart for so many years marriage gets null & void, when your wife left? Did you file a general diary before local ps to record the situation? Your wife will surely file domestic violence and maintenance if she gets a hint of your plans and you will be entangled into litigation for unlimited years. You cannot also marry without getting divorce, otherwise its an act of bigamy. Has your wife anywhere written over whatsapp or email or sms, that she doesnt want to reside with you alongwith your aged parents, if not get it tactfully written, it will be a solid evidence for divorce. You have to tactfully deal it or years of litigation will be a self invitation for you. You may not like to hear the truth from me, but i cannot misguide you.
Helpful?
Adv. Aveek Bose
Kolkata | 500+ Answers
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Firstly yeah you can file divorce. desertion is good ground for divorce.
secondly before filing divorce try to talk to them about the entire senario without disclosing that you want to marry again, and try to get mutual divorce. It will save you time in court and money as well.
secondly before filing divorce try to talk to them about the entire senario without disclosing that you want to marry again, and try to get mutual divorce. It will save you time in court and money as well.
Helpful?
Adv. Monima Khan
Kolkata | 100+ Answers
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