Legal Question in Family Law in India

First query -marriage took place in Aug 2010 by nikah and one month later for travel formalities court marriage as IN special marriage done in Sept 2010.. So is the court marriage null and void because nikah was already done with the same person.

Second qstn - marital life not good and wife living separate since Jan 2013 and gone to new York usa... Emails to this effect are with me.. On the advice of lawyers I met I should start divorce procedure on the basis of desertion.. Is there any other way we can proceed with divorce asap apart from desertion... Can a mutual divorce be possible if she is in usa and can't come back but is willing for divorce..?

Third qstn - now after two years of separation I hav met a woman n would like to be with her.. Can I marry her under sharia law.. Marry by nikah.. The first wife rather ex wife has already sent an email sayin she has no issues if I remarry.. If not marry can I live In with my current relationship... Are these criminal offenses like bigamy and adultery? Thank you please reply


Asked on 2/24/15, 8:19 pm

1 Answer from Attorneys

marriage is valid and u can not remarry because marriage was under special marriage advocate. I suggest to take divorce , You can file divorce by mutual consent and she can give attorney or court may grant for video conferencing or she has to come for once or you can get X Party divorce if she agree.

Read more
Answered on 2/24/15, 10:09 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India