Legal Question in Family Law in India

Divorce Application

Hi, I want to file for divorce application. unfortunately i don't have time to do that since i am working and have recently joined this job so no leaves either. Is there a government website from where i can download divorce application form? My wife is catholic and i am Muslim. Is divorce necessary for me to remarry cause I believe Muslims can marry 4 times under Indian law. please suggest.


Asked on 1/20/09, 10:03 am

3 Answers from Attorneys
Bobby Aanand Metropolitan Jury

Re: Divorce Application

In India since IPC prevails over any personal law so you need to file a divorce application or you may face some legal complication after second marriage without dissolution of first marriage

there are no websites available from where you could download the form and just file it

for more opinion consult undersigned alongwith details.

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Answered on 1/23/09, 6:15 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Divorce Application

The Indian Penal Code prevails over any personal law. Since bigamy is an offence punishable under IPC, the second marriage, without dissolution of first marriage as per law, may invite prosecution / penal consequences.

To avoid any undue legal complications at a later stage, you may better seek divorce in accordance with law (Dissolution of Muslim Marriage Act, 1939) applicable to Muslims in India.

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Answered on 1/20/09, 12:57 pm
Vishwa Arya Arya & Co.

Re: Divorce Application

Divorce is necessary for you to remarry. You have not mentioned under what law your marriage took place? There are no web site where you could download the form and just file it.

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Answered on 1/20/09, 2:23 pm


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