Legal Question in Family Law in India
divorce
I got married to a woman by traditional hindu ceremony only,no legal papers were signed.I now want to get a divorce as I have met someone else.My wife doesn't know about her as we have been separated for nearly 2 years.Am i legally married? if my wife won,t give me divorce what can I do.Also if my wife is refusing to give me a divorce but still file for divorce,how long will it take.
2 Answers from Attorneys
Re: divorce
Dear Friend,
I am sorry, but as a matter of practise, we do not reply to queries from the persons, who do not give their complete details, nor to the persons not directly affected by the problem under the query. We also do not give any citations to the seekers.
Therefore we request you to send your query only through the query form at the Free legal advice pages of the vakilbabu website at http://www.vakilbabu.com quoting the reference LawGuru.com.
We believe you shall understand.
Warm regards and happy new year
Satish Maheshwari.
Re: divorce
under the Hindu Marriage Act, a marriage according to Hindu ceremony is a valid marriage, and can be annuled only by a decree passed by the court.
Hence yes, you are legally married.
If you your wife does not agree to give you a divorce by mutual consent, the only course open for you is to file for divorce, which may take anytime between two to five years.
Prabhat Shroff
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