(Guest)

Can i marry a girl who is married?

Dear seniors and respected members,

Flashback :

Married in 2014 , victim of 498A... divorced in 2017.

Present:

I am 33 yrs old working as a engineer in a private company. My parents are searching for a bride... they found a girl of our same caste [ Her past ......she fallen in love with a lecture in her college at the age of 20 , both married in a temple, marriage broken with in six months of time. its almost seven years till now , mean while she was perusing her studies. Now her parents are looking for a match. She liked me and i too liked her.]

Her marriage is not registered and the lecture is married and having children and there is no contact between each other from past 7 years according to her family.

My query is can i marry her ?

what are the precautions should i take and will i face any legal issues later.

My parents are forcing me to remarry as my age is crossing ....Please help me in this critical situation

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4 Replies

TGK REDDI 15 September 2018

If you marry, it's a harmless offence.

Matrimoial Offences can be prosecuted by aggrieved parties only.

In this case if any of the aggrieved parties moves the Court, they'll suffer. So no prosecution contemplated. No harm to anybody.

But if any party is bent upon to trouble the other party at whatever cost, they can move the Court and the offences won't cancel each other in the Court. All will land in jail.

Such a possibility is quite rare but can't be ruled out.

Aks 15 September 2018

If she is not married in legal sense at this point, then there is no problem in marrying her. If she is legally still married, it will be illegal as you can not marry someone who is still married on paper. You can cohabitat and she should file divorce.

SAM (LEGAL) 15 September 2018

Find another girl dont marry her as she left her husband within 6 months even though she did love affair with him. What is the gaurentee that she will not leave you after 6 months of arrange marriage???

She has not even taken divorce from Court with her first husband, you will fall into trouble. What will happen if her husband once again comes in your life, then???

Dont bend upon force or pressure by your parents, find right match from matrimony website or take help of elders

If you marry her then once again you will be victim of 498a. Better find new girl in your life.

N.K.Assumi (Advocate) 16 September 2018

For the past 7 years they have no contact, and the first husbanhd is happily married with children living a blissful married life, and one can not expect her to wait like Sita in ravana;s prison in Lanka. Just because the first marriage lasted for 6 months doe's not mean she will leave you again after few months again.Both of you are very fortunate because both of you are now matured enough to know the reality of life and such marriage will work out well I am confident of that. Go ahead and marry her.