Legal Question in Family Law in India
divorce
iam widower with 4yrs old , iwant to mary again, the saw a girl recently, this girl 'R' left her husband 2 1/2 back . Her husband married this girl as second marriage.After disputes between two of them they are living seperately since 2 1/2 yrs .In between during this period her husband married another girl. Recently last month, the 'R'girl parents went to her husband place and had an agreement by both signing jontly the 'R'girl and her husband on a bond paper of Rs. 20/- stating that they both part their ways due to disputes,and they further they cannot continue their marriage, in presence of elders of the both sides.In the panchyat of elders had declared that they can marry again of their choice as their were no childrens of the marriage, and they will not file any civil criminal case against each other.
my query is that can i marry this 'R'girl , and i will not have any future complications from her ex.husband
3 Answers from Attorneys
Re: divorce
No - You must obtain a proper divorce from family court. It is presumed that she is Hindu and her first Husband is also a Hindu and that they married under Hindu Law.
Re: divorce
You will have to first take a Judicial Divorce from her ex-husband and then proceed for marrying her, the writing on the stamp paper will have some authenticity when you are producing the same in the court and the court will take cognisance of the matter.
Without judicial Divorce it is not going to be legally valid. No amount of elders or panchayat members will suffice this. there has to be a legal separation.
better approach a lawyer give him all the details and seek divorce and then marry.
B.Balasubramanya.
Advocate.
Re: divorce
Briefly, speaking, the marriage between the two if had been legally solemnised, i.e. according to law after the divorce of the man with his first, then the marriage is still subsisting and the lady cannot remarry with you even after execution of the papers on Rs.20 stamp paper. She has to take divorce from the court and only then thereafter she can marry anybody else.
For further clarifications and assistances, you can contact me on my email add at [email protected].
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