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Is divorce needeed

Page no : 2

Manisha Mengade (Accountant)     14 February 2012

Hello Sir,

The agreement is between the husband and wife for ending their relationship with some monthly compensation to be paid by the husband..

Now they had legally applied for the divorce which will take other 6 months..

Kindly advice, for time being to convince my friend's parents if we can make use of this agrrement copy by notarisation or registration.. Or else is it possible if his first wife give some NOC document for his second marriage in front of registrar or advocate..

Please confirm sir.. We are just trying to find out some solutions for getting out of this mess..

Thnx..

Shantanu Wavhal (Worker)     14 February 2012

Bigamy is not allowed even with consent.

ref. - Madras HC.


get divorce decree from court - let appeal period expire.


no other agreement / deed is valid in law.

Manisha Mengade (Accountant)     14 February 2012

Also kindly advice whether second marriage is valid or not, as he had not obtained any decree or order yet.. only the application for divorce is filed..

 

Thnx..

Chaitanya_Lawyer_Mumbai (Lawyer)     14 February 2012

Second marriage is void in the eyes of law. 

rajiv_lodha (zz)     14 February 2012

Best solution left 4 u:

Obtain divorce decree 1st

Go for registered marriage with this new girl

Shantanu Wavhal (Worker)     14 February 2012

2nd marriage is not only illegal but also punishable u/s 494 / 495 / 496 IPC

Manisha Mengade (Accountant)     17 February 2012

Hello Sir,

Just need one information, if a person had his second marriage without having any decree in his hand, the marriage is said to be void.. But is there any requirement of divorce if he has to get seperated from his second wife by staying with his first wife..

Can that second gil get married without obtaining a divorce?

Shantilal Pandya ( Advocate)     28 February 2012

 if the seoncd marriage is cotracted during the  existance of  first marriage , the  second marriage is a nullity 

 you can ignore the  second marriage, it  does not  create marriage tie in the eye of  law  a  decree of annulment of  seond marriage need  not be  asked for, it  can be  setup  as  a  defence also .


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