Legal Question in Family Law in India
need help to marry second time..
I am indian citizen and working on work permit in london.I and my wife both are hindus and married in India as per HMA in 2007 in india. I got a exparte divorce decree in london a month ago. can I marry a girl who is in london immediately with out executing my exparte divorce decree obtained from london court in india? what happens after i marry second time, then my wife challanges the ex parte decree in india and indain court set the exparte decree a side? does my second marraige valid? does my second marriage consider as bigamy? pls let me know.
4 Answers from Attorneys
Re: need help to marry second time..
You will be booked for bigamy and Indian courts does not consider exparte decrees given by foriegn courts against Indian acts and laws.
Re: need help to marry second time..
If your wife will challange the same and if the exparte will be set aside then your second marrige is void. It is suggested that execute the divorce order from Indian court. It is very easy. We can help you in this case without any hussel.
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Re: need help to marry second time..
The ex parte decree obtained by you in London may not be valid in law. The courts in India may refuse to recognise such a divorce decree thereby declaring that the marriage is subsisting. The second marriage will not be married in this situation and you may be guilty of "bigamy" which may land you in jail.
You may make efforts for an amicable out of court settlement with your wife and obtain a divorce decree in India as per HMA before considering second marriage.
Re: need help to marry second time..
the london court's ex parte decree will not be valid and you may be booked for Bigamy.