Legal Question in Family Law in India

seprated and want to marry again

In 2000 I got married under special Hindu marriage act. After one month we got seprated. I don't know anything about my spouse. She never contacted me nor her parents are giving her address. I want to marry with some other girl. My inlaws are not ready for divorce. Is it legal if I marry without divorce and become happy ?


Asked on 10/16/08, 5:21 am

4 Answers from Attorneys

Nandita Haldipur Haldipur Associates

Re: seprated and want to marry again

you can file for divorce giving wifes last known address

your 2nd marraige will not be vaild in eyes of law unless 1st marraige is dissolved by decree of divorce

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Answered on 11/22/08, 2:19 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: seprated and want to marry again

if you marry without divorce, u ll expose urself to bigamy and u ll also spoil the life of ur second wife. better obtain divorce and then marry.

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Answered on 10/16/08, 6:32 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: seprated and want to marry again

No, it is not legal to marry without dissolution of first marriage. You may seek divorce by giving her "last known address" i.e. the address of her parents. Without dissolution of your first marriage, the second marriage will be a criminal offence.

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Answered on 10/16/08, 6:36 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: seprated and want to marry again

No you cannot marry again without divorce. you can apply for divorce.

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Answered on 10/16/08, 8:37 am


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