Adheena (xxxx) 30 June 2012

Second marriage without divorce

Hi,

Please help me in finding a ssolution for the below:

I married a guy last year without my parents knowledge. It was registered legally. But now we both cannot adjust each other and we would like to get divorce. As this was done, without my parents knowledge, now they have found a guy for me and am ok for that. So while registering this marriage without divorcing him, will that make a problem? Because I dnt want ma parents or the new guy to know this. Can I do a second marriage, I mean will there be any records available in the registrar that am married and will the secong marriage registration will get rejected??

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4 Replies

Adv Archana Deshmukh (Practicing Advocate) 30 June 2012

It is illegal to remarry without divorcing the first husband. Your first husband can prosecute for bigamy. Also you are commiting fraud upon the other guy by concealing the fact of your first marriage.

Shantanu Wavhal (Worker) 30 June 2012

first get legally divorced.

relations like marriage should not be based on frauds.

IPC sec.495 would also be applicable.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 30 June 2012

My advise would be - don't go in for it, these things never remain secret as much as you want them to be. Once marriage is registered it becomes public document and anybody can seek and get a copy of the same, though there is no centralised searchable database for the same.

1 Like

Tajobsindia (Senior Partner ) 01 July 2012

1. You should inform your parents as well as second guy that in your youthful days you committed a mistake and ready to rectify kindly help me.

2. Also state to both of them that no intercourse took place in first marriage but marriage was registered by both of you. Also tell them boldly that now I wish to go for mutual consent divorce with my first husband and ready to marry second time thus provide me help forgiving my past youthful mistakes.

3. Reasonable parents and any reasonable metro man would understand all these youthful emotional mistakes youths commit.

4. Hire an advocate's services and get hold of first guy and jointly file for first motion as seeking mutual consent divorce. Wait for 6 months and done with second motion and with decree in mutual consent divorce you are legally eligible for second marriage.

5. In all these legal process you / your side should get hold of first guy for 6 months as well as keep the second marriage proposal on hold for 6 months in confidence with assurance to second man that yes thank you for forgiving my pasts kindly wait for legal clearances and accept me in your life.

People who appreciate honesty will wait for 6 months otherwise also first marriage needs to be dissolved as it didnot work out as you say and your parents are in process out of ignorance are searching for your suitable match so this past mistake will haunt you even next to next time too.