My wife and I are living separately for three years now. She doesn’t want to be with me and is involved with someone else. We have a seven-year-old child, and I have custody. Our divorce case under the Hindu Marriage Act is still pending in court. Can she get a divorce? Can I get one without her knowledge? Can she remarry while the case is ongoing? I put all our property in her name, and she refuses to join me in court. I’m lost and need guidance.

Apni Law
Apni Law
Law Forum › Category: Divorce › My wife and I are living separately for three years now. She doesn’t want to be with me and is involved with someone else. We have a seven-year-old child, and I have custody. Our divorce case under the Hindu Marriage Act is still pending in court. Can she get a divorce? Can I get one without her knowledge? Can she remarry while the case is ongoing? I put all our property in her name, and she refuses to join me in court. I’m lost and need guidance.
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Apni Law Staff asked 1 year ago

My wife and I are living separately for three years now. She doesn’t want to be with me and is involved with someone else. We have a seven-year-old child, and I have custody. Our divorce case under the Hindu Marriage Act is still pending in court. Can she get a divorce? Can I get one without her knowledge? Can she remarry while the case is ongoing? I put all our property in her name, and she refuses to join me in court. I’m lost and need guidance.

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Best Answer

Apni Law Staff answered 1 year ago

Under the Hindu Marriage Act, a divorce can only be granted by a court after a hearing. You cannot get a divorce without your wife’s knowledge. Your wife cannot remarry while the divorce case is pending. You should seek legal advice on how to proceed, as your wife’s refusal to join you in court could have implications on the outcome.

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