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Marriage to a Divorcee
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I am keen to marry a lady who is married currently but has filed for divorce What are the important considerations should I take to ensure a hasslefree process?
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Hi My wife filed 498a, 420 and dvc in her home town in Telangana. I filed divorce in the same court in Telangana. Me and my wife both work in Bengaluru we had a son so i filed custody petition for my son in Bengaluru Karnataka. After 2 years fight she come for settlement saying she doesn’t want any money to that I have to lose my son. We both agreed. Now they are asking me file quash petition for 498a and 420 in Telangana high court. Meanwhile, we will file for mutual divorce petition 13b in Bangalore. After settlement agreement, my wife is ready to give compromise letter for 498a, 420 that I need to submit it in Telangana High court..later, once mutual divorce order is passed in Bangalore, i will receive the judgement copy. I need to submit judgement copy in front of Telangana high court for 498a and 420 quash petition. Is this procedure correct? What precautions need to take while mutual agreement, mutual divorce, compromise later for 420 498a ? Please suggest.
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Answer ( 1 )
You have to wait till the decision of the divorce petition filed by the lady. If the divorce petition is filed under section 13 b of the hindu marriage act I.e. divircev on mutual consent then you can marry with the lady immediately after the passing of decree but if it has been filed filed under section 13 (1) of the act I.e. on other grounds then you have to wait till the elapse of time period granted for statutory appeal against the decree passed by the court. If the appeal is not filed within statutory period of filing of appeal then you can marry her.