Legal Question in Family Law in India
Sir, after 12 years separation we have took Divorce on stamp paper by customary law..then we went to court by 13b..after six months at the time of statement my wife changed her statement. She denied to give me divorce. She did affidavit that she was forced to sign the stamp paper. She also gave public notice that nobody can marry this man as they r still husband and wife.
She took 12 lakh at the time of signing the divorce stamp paper and her parents signed is there in witness.
Now what to do?
What are the legal rights for me as she changed her mind.
My wud be wife can get a legal status?
1 Answer from Attorneys
Answer depends upon your religion, area and caste. If you are a Hindu, you need to know if in your area and caste, "customary" law is applicable.
As a general rule, customary divorce [on stamp paper] is not allowed. A decree of divorce is required from a court of law for second marriage.
Your would be "second" wife shall have no legal status, unless your first marriage is dissolved by a decree of divorce passed by a competent court of law.
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