Your Q, His A

Once a petition has been filed in court for divorce by mutual consent, the parties are required to wait for a minimum of six months from the date of filing the petition and, before the expiry of eighteen months from the date of the petition, move a motion in the court that a divorce be granted. Once a joint petition has been presented, a party cannot unilaterally withdraw their consent to it. However, it must be kept in mind that if no motion were moved within eighteen months, the petition would stand dismissed. Once a motion is moved, the court will hear both parties before granting a decree of divorce. However, the fact that a party fails to appear in court, either in person or through a duly appointed attorney, even after the service of summons, would not by itself be a bar to the grant of a decree of divorce.

8226; I am working as a government officer. Four years back, I fell in love and married a girl registry marriage in February 2002. But since the day we got married, she has been staying with her parents. I too stay with my parents. I have requested her many times to come to me but she has refused because her parents don8217;t like me. Our parents are not aware of our marriage. Recently, we decided to separate. My wife told me I was free to do anything. Will there be any legal problem if I wish to marry again. How can I avoid this?
Prateek

A Hindu who is married cannot marry again during the subsistence of his/ her first marriage, as that would amount to bigamy, and the second marriage would be null and void. Therefore, if you propose to marry again, it would be necessary to either nullify your first marriage or obtain a divorce.

Since, from the facts stated by you, there do not appear to be any grounds for annulment, you may obtain a divorce by mutual consent. A petition for such a divorce can be presented after at least one year of marriage, and the divorce is usually finalised only after one year of judicial separation. Any marriage of either spouse before the divorce is final would amount to bigamy, and thus be void.

8226; I live in Jal Vayu Vihar at Powai. For almost two years, I have been complaining to the society regarding seepage of water from the drainage pipes of the upper floors, which enters through the duct area into my toilet, causing foul smell. I tried to seal off the area, but the water continues to seep in. In sheer frustration I had stopped paying the extra car parking charges. I have paid all other dues such as society maintenance charges, property tax etc. Since this work involves repair/ sealing of the pipes emanating from the higher floors, I am not able to get this done on my own, as the work involves access to the drainage pipes. I have entered several complaints but the problem has not been rectified. Please advise on the recourse available to me and whether I can withhold the payments in the manner that I have done. This seepage is not rainwater seepage, but the bathroom water that seeps through leaking pipes.
Wg Cdr T Venkatesan Retd

From the facts stated by you, it is not clear whether the building society of Jal Vayu Vihar is a cooperative housing society. If so, it would be regulated by the Maharashtra Cooperative Societies Act, and your remedy would be to proceed under that Act. However, if the maintenance of the building is carried out under a contractual arrangement, you may also have a remedy for breach of contract. In any case, you may not be entitled to withhold payments for parking space, since your problem is with the maintenance of the building.