• Marriage

I got court marriage in the year 2015. My husband went abroad and i have no contact with him anymore. The marriage was without our parents knowledge. My parents want me to get married and go to USA. What should i do ? Can i get remarried without a divorce from the previous court marriage ?
Asked 5 years ago in Family Law
Religion: Sikh

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20 Answers

See you have to file a divorce against your husband on ground of desertion once degree of divorce is granted than you can remarry. Second marriage without divorce shall not be valid.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

You need to be divorced before you remarry 

 

2) second marriage during subsistence of earlier marriage is illegal 

 

3) file petition for divorce on grounds of mental cruelty and desertion 

 

4) husband refusing to stay with wife for continuous period of 2 years amounts to desertion 

 

5) seek interim maintenance and alimony from husband 

 

6) if husband does not contest you would get exparte decree 

Ajay Sethi
Advocate, Mumbai
96820 Answers
7811 Consultations

Second marriage with out the divorce of first marriage is Illegal, Null and Void. The only remedy for getting validity of second marriage is file petition for divorce on grounds of  desertion  mental cruelty. Take notice against him in his known address. If he is not appear before the court he may declare as ex-party and get a decree of divorce 

Ajay N S
Advocate, Ernakulam
4087 Answers
112 Consultations

Dear Sir,

No. You cannot get married without getting a divorce order from the court. It is an offence under the Indian penal code to get married while one has got a spouse living. No matter even if the spouse agrees for that. If your partner is not available, then you can get ex parte divorce decree order from court after that only you can marry again.  Don't get married while you have a spouse living.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

you first need to get divorced to get remarried otherwise incase from records its found you will be in deep trouble moreso second marriage will be null and void until you divorce first husband, apply for divorce and send notice to first husband, if he does not respond court will grant you ex parte divorce also, after obtaining divorce you can marry after 90 days from date of divorce decree, so on 91st day you can get married as per special marriage act

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

Have you done registration of your previous marriage and how many days you have stayed with him under one roof. Let me know all your details.

Ganesh Kadam
Advocate, Pune
12987 Answers
262 Consultations

1.  Marrying again without obtaining Divorce Decree om earlier Marriage shall result in a prosecutable offence at the hands of your First Husband.

2. You can file for "Divorce Decree", in the local Family Court and the same shall be granted to you on ex-parte basis (since your husband will not appear on court dates). AFTER getting "divorce decree", you can can re-marry peacefully, without any legal hitch.

 

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You need to apply for divorce and get a decree from court if marriage is registered. Better to try for divorce by Mutual Consent. Marrying without divorce may cause a problem in future if your former husband tries to create any nuisance

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

Maam, 

As you have informed, your marriage is registered. 

You cannot marry unless you get a divorce. 

as you are not in contact with your husband anymore, you can file a divorce petition, get an ex-parte decree of divorce in your favour, This would take from 5 months upto 8 months. 

Any additional questions?

Abhishek Sharma
Advocate, Chandigarh
128 Answers
2 Consultations

Marriage will be void without divorce. Until not open - no one is criminal.

Yogendra Singh Rajawat
Advocate, Jaipur
22989 Answers
31 Consultations

1. since the previous marriage is registered, therefore, you cannot marry again until you dissolve your first marriage,

2. remarry without obtaining divorce during the lifetime of spouse will put you in deep legal trouble,

Suneel Moudgil
Advocate, Panipat
2382 Answers
6 Consultations

Do you have any proof of your marriage like photograph and certificate.

If your marriage is not registered and you have no address to contact apply for the annulment of the marriage as per HMA.

A marriage without the Divorce may create problems in future and for visa you have to submit the marriage certificate.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

No legal validity for Second marriage until you get valid divorce from first marriage.

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

You cannot get remarried without dissolving your subsisting marriage.

You may have to file  divorce petition on the grounds of desertion or cutlery and if possible then obtain an exparte divorce to marry another person.

 

T Kalaiselvan
Advocate, Vellore
87021 Answers
2335 Consultations

Ans: You have to obtain a divorce from your previous husband and then ou may get married.

 

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

No, you cannot remarried legally without obtaining divorce. file a divorce petition before family court and try to get an ex-party order and than married again, otherwise a criminal case under section 494 of IPC can be instituted against you by your previous husband

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

No you can't. The marriage is recorded and hence if you go ahead and perform another marriage then you may be caught at the time of registration. Therefore either  search for him through his parents or tell your parents the truth.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

1. No you cannot remarry without divorcing first spouse. 

2. As previous marriage was registered in court it can create trouble for you if you marry again without divorcing first spouse. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

No you need to take a valid divorce for a valid marriage ahead. You can file a divorce as get a exparte divorce from court

Prashant Nayak
Advocate, Mumbai
32413 Answers
199 Consultations

-  Since, you got marriage in 2015, and if the marriage was already consummated i.e you live with him a wife , then as per law , being his wife , you cannot do second marriage without getting divorce from him.

- Further, under the Hindu Marriage Act, Separation is a ground of Divorce, if the husband and wife have been living separately for more than two years at the time of filing petition. 

- Further, if the separation is more than 2 years period, then even without a reason, is a ground for a Divorce decree.

- Since, you have been separated for 4 years from him, then you are entitled to get divorce as per law.

- You should file a divorce petition before the court for getting the Divorce legally, on the ground of long period separation & Cruelty.

- Even, if, your husband wanted to live, the court will grant divorce, because there is no relation as husband & wife since long period. 

- Further, if he will not appear before the court , then you will get ex-parte divorce within a period of maximum 2 to 6 months. 

Mohammed Shahzad
Advocate, Delhi
14432 Answers
221 Consultations

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