siva (software developer) 13 December 2014

Reg remarriage

my wife has got the divorce judgment from singapore without my knowledge as i have not been with her more than 4 years( the case is going on in india,and she attended twice ).i came to know when she remarrried.

my question is

1.how can her judgment can legal in india.( we both are indian citizen and married in india,chennai as per hindu religious act).

2.how can she remarriage in india and can register her marriage in tamilnadu register office

3.she got the interim order on 20th of april,final judgement on 24 of august.and got married on 1st of september.how can she marry with out waiting period ( if any-please tell me the waiting days).

4.since she married without respecting indian court ( and taking the divorce order by fradulant order-i never received any copy or letter from singapore ) can i challenge this in singapore.or in india.

5.can i file under bigamy or how to sue her( in the court order she has not setteled me anything.only to my boy paying 100 dollar per month )or how to punish her.

6,is any chance to make the second marriage as null.

7.where to complain this to court or police.

please guide me-iam having sleepless and restless life.

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3 Replies

srinivasan.r. (Lawyer, 9444000813) 13 December 2014

1,foreign judgement will not be binding on you as marriage happened according to Hindu marriage act.

2,she cannot remarriage with that divorce decree, in india, as it is not acceptable, and divorce proceedings is still in force in india.

3, This query is confusing, you say she got divorce judgement now you are claiming she got interim decree,clarify the same.

4,If it is a expartie decree in singapore it can be contested, if it is decree on merits it is a futile effort.

5,for filing bigamy under IPC u have to get central government permission.

since you have decided to part with her mention the same in court proceeding and get sufficient maintenance for you child and speed up things at the earliest.

T. Kalaiselvan, Advocate (Advocate) 15 December 2014

Dissolution of marriage by a decree of divorce in a foreign country for a marriage solemnised in India that too as per Hindu Marriages act, is not at all valid in India and not binding. Therefore if she had married again during the previous marriage is still subsisting, it can be termed as null and void. It is bigamy too. Maintaining your child will be your responsibility too, hence first check your position and then decide about seeking maintenance for your child by her.