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Wife living separately from 2 years, how to divorce and remarry?


01-Jul-2023 (In Divorce Law)
I have marriage before 3 years my wife is not live with me 2 years I want divorce but her family not get divorce me so what can I do ?? If I live a relationship with someone so its possible ?? How can I get divorce?? How can I do re marriage???
Answers (2)

Answer #1
956 votes
Hi,

There are two options which are available to you;

1. You may approach the family court by filing an application for restitution of conjugal rights, whereby you have an option to seek order from the court directing your wife to come and stay with you and if things work out between both of you, you may not need divorce at all.

2. You may file application for divorce on the grounds that your wife has deserted you and is not willing to come and live with you. However you have to submit documents/ evidence to reflect the facts that she has been living separately for 2 years. If you are able to provide sufficient grounds that you have made all the efforts possible and your wife has refused to come and stay with you, court may grant you divorce.

You can only marry once you have been granted divorce, in case you marry, your second marriage would not be considered as valid marriage.

Answer #2
615 votes
After obtaining divorce only you can re marry. since she is separate from 2 years you can approch the court to get decree of divorce on that ground itself. contact us with all details to give proper opinion

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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