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Understanding the court marrige memorandum understanding of separatio


20-Nov-2023 (In Family Law)
I am 27 years old and my girlfriend is 29 years old. My girlfriend got married 2 years ago in February. And they both stayed together for 3 days , And both of them have also signed mou of separation , And there is no response for divorce since last 2 years. We even called but no one responded.Now we want to get married. So can't we just get married? And how can we do without response?
Answers (5)

Answer #1
791 votes
Your girlfriend needs to file for divorce in the court first either contested or mutual. If it's mutual then it will be good as it gets finalized in maximum of 6 months. And then you can marry her without any interference from anyone.
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Answer #2
750 votes
if you are a Muslim then it will not apply to you and if your gf is Muslim then she has to respond the legal authorities but if you and your gf are Hindus by religion then she has to get a mutual divorce from the court then you guy's can go for further formalities with advice of your counsel.
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Answer #3
762 votes
it is unfortunate that no response has been there for Divorce because it does not take more than 3 months for the divorce decree. kindly see to it that proper divorce petition has been filed and the decree of divorce is granted. without that any marriage is not valid in the eyes of law.
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Answer #4
536 votes
If you come under the ambit of HIndu Marriage or special marriage act then u can’t get married until she gets divorce decree from the court. If other party doesn’t come to court then one can get ex party divorce decree from the court. Kindly b in touch
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Answer #5
737 votes
She can file a complaint against her husband and before filing a complaint in the nearest police station she can file a case of section 9 of HMA, that means from last 2 years her Husband is not in contact with you and she doesn't know where he is and what he is doing and after that she can file a case of divorce. In section 9 you need her marriage card, photograph of marriage and passport size photograph of your girlfriend
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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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