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Me and my wife have been living seperately for more then one and a half year because of cruelty and violence on her part. Recently, she gave her approval for applying for divorce under mutual consent but when i got the petition prepared from the advocate, she refused to sign it saying that I could go through any legal procedure to get divorce but she would not sign the papers voluntarily. I have a few doubts:
1. Can I apply for legal seperation?
2. After the one year period of legal seperation, how would I be able to prove that we had not cohabited (had intercourse) during the seperation period, so that I can apply for divorce on this ground?
3. I am in love with another woman whom i wish to remarry after divorce with my present wife. The problem is; I have undergone vasectomy and am incapable of having a child by normal means. Not that the woman I intend to marry now has any qualms about it; she loves me enough to understand this. The question is; can I still remarry under indian law?

2006-11-26 15:01:08 · 6 answers · asked by Anonymous in Family & Relationships Marriage & Divorce

6 answers

1. You can apply for judicial separation only after living separately for 2 years or on ground of cruelty. 2. If she live away from you in a different place you can always prove no cohabitation between you two. Even if she admit this fact in the reply to your Divorce petition will be sufficient proof on non cohabitation between you two. These laws applicable in marriages solemnised under Hindu Marriage Act,1955 or Special Marriage Act 1954. 3.Yes after 1year you get divorce decree you can remarry under Indian law. As far vasectomy you can still get this operation reversed and can have child by normal means. Check this with you Doctor.

2006-11-26 20:28:21 · answer #1 · answered by bisexualmale s 6 · 0 0

well divorce and remarriage is yet not accepted by the society, but here in america i dont think people think like that.what is your real problem getting married to a girls from ur step father's community or not being able to tell others how u feel? if its about getting married then u can always tell ur mom tht u will find a girl for urself.but if its the second one then ur problem is a lot bigger.people will surely respect u if u stand for urself.there is nothing wrong in it.i feel if ur mother is not able to understand ur situation then u l have to stand for ur own identity. I am an indian and I would not disrespect anyone only because his\her mother or father is divorced or remarried.the older generation might feel the same way as ur mom.but none of ur age who is educated will think like this. God bless u

2016-05-23 07:35:12 · answer #2 · answered by ? 4 · 0 0

In India, marriages and divorces per se are governed by laws for each specific religion.

What is your religion?

I don't think merely someone can answer your entire question here. I suggest take a help of a lawyer. There are too many complications involved in marriage and divorce cases.

wish you all the best!

2006-11-26 17:43:38 · answer #3 · answered by Anonymous · 0 0

I don't know anything about Indian law, but I wish you and your hopefully new wife the best of luck. I believe vasectomies can be reversed, but it is costly.

Try an internet search for the answer!

2006-11-26 15:07:01 · answer #4 · answered by tbonz 4 · 0 0

Gee I'm not sure what Indian law is all about. Are we speaking of the American Indian?

2006-11-26 15:09:05 · answer #5 · answered by girl in the woods 1 · 0 0

Hi there,

I suggest you go to a good lawyer.

Good Luck & God Bless

2006-11-26 16:49:37 · answer #6 · answered by Blueberry 4 · 0 0

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