My wife has been living separately for 17 months. I’ve tried to get a divorce, but she won’t agree. What should I do? Can I remarry?

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Law Forum › Category: Divorce › My wife has been living separately for 17 months. I’ve tried to get a divorce, but she won’t agree. What should I do? Can I remarry?
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Apni Law Staff asked 11 months ago

My wife has been living separately for 17 months. I’ve tried to get a divorce, but she won’t agree. What should I do? Can I remarry?

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Apni Law Staff answered 11 months ago

Under Indian law, you can file for divorce on grounds of desertion if your wife has lived separately for at least two years without reasonable cause. You cannot remarry until the divorce is finalized.

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My wife and I have unfortunately divorced due to irreconcilable differences. After our separation, she filed a false case against me under Section 498A. Subsequently, the court granted her interim maintenance of Rs. 6,000 under Section 24 while our divorce petition is pending. Now, she has filed another case seeking maintenance under Section 125 CrPC. Is it legally permissible to claim maintenance under two separate sections?

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