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Srinath   18 June 2015

Noc for second marriage

Hi, my brother was married in 2012 and after six months they separated.  There were no  contacts from both sides until Jan 2015. Now both agreed to take divorce and our lawyer suggested to take sign NOC from my sister-in-law and he told to re-marry before the divorce comes.  Is this possible if sister-in-law signs NOC for my brother's second marriage before legar divorce? Please advise.



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 10 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     18 June 2015

Not valid even if he takes signature from her. 

saravanan s (legal advisor)     18 June 2015

there is nothing like noc and its not valid in the eyes of law.dont ever marry another before you get divorce from the first wife or else you would invite case of bigamy on you and also it will weaken your divorce case

Adv k . mahesh (advocate)     18 June 2015

Noc is nothing but a pre acceptence letter from her that she is willing for second marriage to her present husband but future circumstances cannot be expected how she will be and how her behaviour will be to project and if she want to live with him then she may withdraw her peititon of divorce or she may object for divorce and want to stay with your brother

and you have not mentioined what divorce they have filed thus it is mutual consent divorce or a what because mutual consent divorce will complete the process within a limited time from the date of filing the joint peition so first take the divorce decree and then remarry

Srinath   18 June 2015

Mahesh sir, it is mutual consent divorce.

DEBISREE ADHIKARY MISHRA (SENIOR LAWYER )     18 June 2015

whether it is mutual or contested it is not permitted under law untill you both are legally seperated.

REGARDS,

DEBISREE ADHIKARY HAZRA

sandykrish (Interested in Family LAW)     19 June 2015

The law doesn't permit, it will lead to Bigamy and your brother can be put behind the bars if your sister in law decides.

Shantanu Wavhal (Worker)     19 June 2015

Is this possible if sister-in-law signs NOC for my brother's second marriage before legar divorce?

 

useless

Srinath   20 June 2015

Hi all....thanks for your reply. I too suggested my brother for remarry until legal divorce. So they both are going to file mutual divorce. Can anybody tell me how much time it takes for granting divorce in case of mutual consent divorce. Thanks..

Anoop   08 August 2015

My friend is under separation and presently serving in Belgium. His 2-year separation contract (along with some financial implication) will end in June 2016. In the mean time, the Girl's family wants to get her married on the basis of an NOC, to be obtained, from me and my family. I know it is not possible, but if at all, they go ahead, can my friend get an automatic Divorce without any financial implication / commitment immediately? Please advise.

saravanan s (legal advisor)     09 August 2015

dear anoop legally one has to get divorce through court to remarry and noc in this respect is invalid.otherwise the person would be accused for committing the offence of bigamy and above all the second marriage is rendered to be illegal and void


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