Secomd marriage is legal on the basis of mutual concenses doccument
Kumar Soni
(Querist) 02 July 2016
This query is : Resolved
Sir,
I got arrange marriage with Hindu customs in Feb, 2015 and lived together for 17th August 2016. I don't have marriage registration. After that her father demanded 2.5 Lacks for his brothers marriage in cash, I gave him in June by cash, so I don't have evidence. After marriage I demanded the money they shouted me and compelled to give him 10 thousand monthly but I rejected. My wife also favored his father and start walking out side without informing me. He use to walked with his sister who is married last 3 years and tried to ignore me. I frequently asked where she use to go but she didn't disclosed and took the jewelry amount of 3 Laces to her home without intimating me. They send application to police for family violation and dowry. After my inquiry her father he told to divorce and don't want to come again in my company. They demanded 2.75 laces as cash and I gave him. We agreed for divorce and prepared Mutual Consensus Document (MCD) from local Tehsil (not Court Divorce) after handovering (3 lacs worth's jewllery+2.75 lacs cash as mentioned in MCD). Now my family is ready for my second marriage, but they are creating problem and they are ready to return all items and cash and send the daughter. We prepared MCD in October 2015 and living separately. I want to know following:
1. Can I second marry with MCD.
2. If I done second marriage they can create problem in future, what problem they can do. Please give the detail.
3. Can I take Court divorce, how?
4. If I am agree to live with her my family will not accept her and I want to live with my family because of my mother age is 85 year.
Sir please suggest me the best for my life.
R.K Nanda
(Expert) 03 July 2016
Query too long.
Kumar Doab
(Expert) 03 July 2016
Short answer; Only court can grant divorce.
Rajendra K Goyal
(Expert) 03 July 2016
17th August 2016 has not come please correct.
1. Divorce (even MCD) not possible within one year of marriage. Divorce without court orders is not legal. As your divorce was not with court orders hence illegal, second marriage may attract criminal action / would be illegal.
2. Second Marriage would not be legal, you can be in trouble / can be charged of bigamy criminally.
3. You can proceed, Discuss with local lawyer.
4. You should try to save marriage, you can keep nurse / caretaker / maid for your mother and live separate nearby, if circumstances allow.
Devajyoti Barman
(Expert) 04 July 2016
1. Unless and until the MCD is filed in court and finally heard after 6 months and decree is granted you can not remarry.
2. Remarriage without decree of divorce is criminal offence.
3.You can file contested divorce suit.
4. This is your personal call.
Rajendra K Goyal
(Expert) 07 October 2016
You have posted query in various threads, please post all your subsequent questions in the same thread to enable proper advice:
http://www.lawyersclubindia.com/experts/Second-marriage-without-divorce-first-wife--606276.asp
http://www.lawyersclubindia.com/experts/Wife-s-parents-is-posting-add-on-matrimony-sites--619201.asp
http://www.lawyersclubindia.com/experts/Wife-s-family-is-not-ready-to-come-and-divorce-in-court--616511.asp
Kumar Doab
(Expert) 07 October 2016
Court alone can grant divorce.
Same query posted at;
http://www.lawyersclubindia.com/experts/Wife-s-parents-is-posting-add-on-matrimony-sites--619201.asp
Sudhir Kumar, Advocate
(Expert) 07 October 2016
