Legal Question in Family Law in India

About divorce in hindu marriage act

Hello, i am going to 40 yrs.in this year.and i was married in 2004. now from the last 5yrs. we have no baby due to my wife's medically unfit to give me baby. so that , i want to do 2nd marriage. pls tell me, is it possible to do 2nd marr.without divorce. is it my 2nd marr.will legal in this case?

note: I'll try at my best level to help my wife through medical fitness. but there is no result. my future will be dark, i think.and i will not agree to adopt any child. that's my thinking.

pls ans. me at my freinds email I-d


Asked on 7/16/09, 3:53 am

5 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: About divorce in hindu marriage act

you will not get divorce on the ground that your wife is unable to bear a child. similarly, impotency of a husband is a ground for annulment but low sperm count is not a ground for divorce. in case you marry for second time without divorce, it would lead to bigamy.

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Answered on 7/16/09, 6:12 am

Re: About divorce in hindu marriage act

You had not mention your friends email ID.

Regards

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Answered on 7/16/09, 7:01 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: About divorce in hindu marriage act

2nd marriage without divorce may not be legal.

Your wife's medical unfitness to bear a child is no ground for divorce or remarriage;

Even your thoughts of second marriage in this situation may amount to cruelty on your wife which may result in your criminal prosecution and a possible jail term.

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Answered on 7/16/09, 7:06 am

Re: About divorce in hindu marriage act

nou ccannot marry under hindu laws as second marriage is not permissible

log on to

www.angelfire.com/folk/indianlaws

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Answered on 7/17/09, 11:32 am
Nandita Haldipur Haldipur Associates

Re: About divorce in hindu marriage act

you cannot marry without divorcing you wife. in case you do teh marriage will be invalid. why dont you go for adoption

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Answered on 7/16/09, 9:58 am


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