Marriage / separation /divorce


hi i am a catholic staying in mumbai maharashtra , i want to know can some get remarried to someone else only one the basis of separation judgement not the divorce judgement , what is the difference between them , if only one the separation judgement some gets married to someone else what are the legal obligation and the legal consequence of it , is it an offence in the law ,is it punishable , what is ones wright in this case , what if both the parties have remarried just on the basis of separation judgement ,will the person getting married to the person who has a separation judgement not the divorce judgement be entitled to be punished in the law . what kind of punishment and if i get a link the law book if india ,maharashtra,mumbai
 
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Advocate

Even if you're Catholic Christian and married, unless your marriage is dissolved by decree of divorce issued by appropriate district family court not any decree passed by any church or church authority. Separation or decree of Judicial Separation is not dissolution of marriage by the court so even if that is got will not legally allow second marriage. Divorce is very much possible for married Christian in India under section 10 and 10A of the Divorce Act from the District Family Court.
 
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Advocate

As far punishment for second marriage during existing first marriage is crime. The bigamy in India is punishable offence under section 494, 495 IPC with imprisonment of 7 years and fine.
 
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The querist is suggested to download the ruling of Kerala HC in the case of Venugopal K vs. Union of India Dt 23 Feb 2015 and go through it. Section 494 doesn't discriminate an offender belonging to Hindu/Muslim/Christian, male or female belonging to any caste/Creed and can be prosecuted under it.
 
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thank you sir , but here the girl  i have got for alliance for marriage, told me that she has a separation judgement from the court and her husband got married to someone else with that separation judgement by the court , 
so she wants to get married as well to me and she said he will not trouble her hence forthe , hence she wants to do it as well with that same separation judgement , because she wants to take revenge from him and show him she can also get married ,
So my question is 
1) where does this situation stands in terms of the law in india maharashtra ,2) what do u want me to understand by this situation and keep in mind , 
3) should i go ahead to marry her because she has a separation judgement from the court ,would it be legal on mine, her, and her X husband who got married to someone else on that  separation judgement 
4) what do i need to do in a legal way ,and if not done what are the consequences of it 
5) the difference between separation judgement and divorce judgement  cos my family thinks bouth are the same and wants me to marry that girl ..
6)i should just say no to this alliance if they done follow the law and what is the correct way 
 
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No. You cannot marry a female who is under judicial separation. Because judicial separation is not divorce. The same restriction applies to the female also. It is a crime under section 494 IPC.
 
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thank u sir ,

1)what is her legal rights on her X husband who got married to someone else on that separation judgement and his as well if she does it ,

2) what do i need to do in a legal way to marry her and if not done what are the consequences of it for me , can he file he file a case case will it effect me ,even if he got married base on the sepration judgement ...

3) what is the  difference between separation judgement and divorce judgement  cos my family thinks bouth are the same and wants me to marry that girl .. 

4) i if  this alliance , if they do  what is the correct way 
 

 
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You better contact some local lawyer for your problem, please. Thank you.
 
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thamk you sir it was helpful , i will rather not get married to her it looks very complicated hes does not want to file a devorce pettion , she wants to marrie with that separation judgment and she has not complited two years as per 10/10A that u told me .. i dont even know what to do after tow years of separation judgment to get remarried , if u can tell me 

 
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