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Legalities of a marriage between cousins
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Jyoti asks,
I am a Hindu girl married to a Hindu man, in 2001. I have separated since 10 months. I want a divorce, because the marriage is not consummated. What will be the time to get a divorce and will I get maintenance from him?
Dear Jyoti,
If your marriage is not consummated you can even have the marriage declared null and void, however you have not told me the reason of non-consummation. If you want a divorce you have to be separate from each other for one year before you can file a divorce by mutual consent. However if you want to divorce him on any other ground as well as claim maintenance you can do so any time now.
Neha asks,
I have my profile on Shaadi.com and have got a proposal from a guy who lives in London and his parents live in Delhi. He is an Indian citizen but is working in London on a work visa for 5 years. The problem is he will be coming to India in August for 2 weeks and we will be getting married during that time. But for me to get the visa and go there with him, we need to go through a court marriage. How should we go about it and what are the formalities as we have very less time with us?
Dear Neha,
You can be married under the Special Marriage Act 1954 by giving notice in the place where at least one of you has resided for not less than thirty days. So give the notice in the scheduled form, immediately, at the office of the Registrar of Marriages. Get married as soon as he comes and apply for your visa with the certificate of marriage, which will be issued to you upon your application for the same.
Vikram asks,
I am living in India but am married in USA. I will fly to USA in a couple of days, but the problem is my wife is a divorcee and I am her second husband, she also has a child of age 5 years (from her first husband). I would like to know after I adopt her child, is the child entitled to my surname?
Dear Vikram,
I am not aware of the laws of USA but am aware that adoption formalities are pretty strict in the USA. It would be good for all of you to have the same surname. If you are interested in seeking a lawyer's opinion in USA there are several sites to find a lawyer.
Amit asks,
I am a hearing impaired boy who married 3 years ago to a hearing impaired schoolmate as soon as I got a job with the railways under handicapped quotain Bikaner division my wife requested me for my transfer to Delhi division as she was suffering from asthmatic problem. Luckily after much follow up I got a transfer to Delhi. As soon I got transferred to Delhi, my wife left the house on pretext of going to her mother's house. Later she got a job with a nationalized bank in Jaipur, since then she has not come back and after some time started avoiding me, asking me not to enter the bank and to wait outside, this really hurt me. My brother- in-law went to set the things right but her mother said she would think about it but till date there has been no response. I now want a divorce from her.
Dear Amit,
It would be correct for you to see if your wife is willing to come back. You may send a legal notice or seek assistance from some intermediaries, failing which you may file a Petition for divorce on ground of desertion, if you have been deserted for a period of two years immediately preceding the filing of the Petition.
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