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Raj Sharma (Sharma & Sharma Co)     04 September 2012

Any way to stop 2nd marriage without divorce



We got married 7 years back in Arya samaj mandir Delhi, after marriage we lived together for 3 months then started living separately due to family problems and continued our marriage till date. We do not have any child as of now, due to some misunderstanding my wife get back to her home 2 months back and his family is planning her 2nd marriage without letting me know and my wife is also ready on their parents will.


I really don't want to destroy the marriage and ready to settle down soon but my wife doesn't want to come back. Is their any way so that i can stop them.

I haven't got registered our marriage in any court at that time, I only have the marriage certificate provided by temple. Please tell me if there is ground to take legal action to stop them


Please help me. 


 6 Replies

Arvind Singh Chauhan (advocate)     04 September 2012

I think if your wife is not willing to join you. It is futile to make effort. But you can File RCR to claim her as your wife and to join you and make her understand that without legal divorce she can't marry and may be punished for bigamy.

Adv.R.P.Chugh (Advocate/Legal Consultant (     04 September 2012

Dear Anurag, 

1. You can file a suit for Restitution of Conjugal Rights asking her to come back and join you. 

2. You can also seek a permanent injunction in the court restraining her from marrying again. You can rely on the judgments of Elizabeth Skariah v. Aby Skariah (Delhi High Court), Prateeksha v. Pravin Dinkar Tripathi (MP HIgh Court)



Adv. Bharat Chugh

2 Like

dhirendra pateria (law officer)     04 September 2012

let her first marry , than file divorce case against her and also bigamy 494.dont even think of reunion with such a lady----

1 Like

Raj Sharma (Sharma & Sharma Co)     04 September 2012

Thank you everyone for kind reply.

My concern is somebody told her that she can marry again without any divorce or legal complication after 7 years of marriege if both are not staying together. Is it true ?

Is she has any positive side to get separate without divorce as we are not staying together under the same roof but i maintained all type of relationships/ responsibilities durring the period.




JANAK RAJ VATSA (ADVOCATE)     04 September 2012

she can not remarry while the first marriage is still subsisting. you should file a suit for RCR in the family court

Ranee....... (NA)     04 September 2012

agree with Arvind and Bharat Chugh.

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