Legal Question in Family Law in India

I am extremely thankful and grateful to Advocates Rajiv Gupta New Delhi and R.Ranganathan & Associates Chennai for guiding me and answering my question/query at Law Guru. Your answer is enlightening and satisfying.
I would appreciate if you can suggest me the proper course of action to take whether to file a declaratory suit or a petition under section 11 of HMA. Can I remarry without filing a declaratory suit/ petition under section 11 of HMA? Also, whether my wife can file a case against me under Domestic Violence Act. I have been living separately for the last one yr.
My question is reproduced herewith:
I got married to a lady in Gurudwara in MP, India in March 2004 and she was earlier married in June 2003. She, left her husband in August 2003 and got divorced through a notary agreement on stamped pape ron mutual consent. Whereas I had a clear decree of divorce from my former marriage from the MP High Court. We later obtained marriage certificate in June 2004. This marriage certificate was procured on her pressure and showed her unmarried which was signed by me and her, her sister, her mediator( match maker) as their witness.We thereafter never had good compatible relations and were almost in estranged relationship throughout and now I am living separately for the last one year.
My question is -----Is her divorce in previous marriage clear/valid? Is my marriage with her valid? They are forcing me to live with her and exert family and social pressures as they are rich and influential. What harm they can can do to me or any legal action against me for not co-habiting with her ? What legal remedies have I available with me ? How can i come out fo this relationship where i am stuck? Pl advice.

Asked on 6/12/12, 12:29 pm

KAMAL GROVER

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Earlier divorce is not valid and you have to file case u/s 11 and then remarry.

Gud luck.

Answered on 6/15/12, 8:02 pm

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