Rajesh Patel 23 July 2015

Divorce and re-marriage

Hello All,

I from Rajkot, Gujarat.

I got married in June 2012 and had to take divorce after 10 Month April 2013. It was not through court, but from sub-registrar office stamped paper document with mutual consent in Feb 2014 at our Rajkot Municipal Government Office. They take our Fingerprints, Capturing photos & all things. They noted down this entry into their registered books. I got again married in 2015.

At this month it is about more than 2 years completed from my last divorce. Suddenly my last wife called me and ask me divorce by mutual consent through court.
In this matter she send some messages in facebook. I saved that all messages. In that messages she talked that, "IF YOU ARE NOT AGREE ON THIS THEN, IN INDIA DIVORCE LAW IN FAVOR WITH GIRLS ONLY, I USED THIS LAW & CREATE SOME TROUBLE FOR YOU AND YOU HAVE TO GIVE ME SOME COMPENSATION FOR ME(ABOUT SOME LAKHS(INR))"

Now, I am ready to go with mutual consent through court.I have no any issue. But my question is that, If i go with divorce by mutual consent through court then my current marriage is effected?

She messaged me this types for COMPENSATION messages.

I humble request to you all, please guide me.

Thanks

Reply Follow

11 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 23 July 2015

IF your marriage was solomenised as per Hindu Marriage act then no petition for divorce can be entertained within 1 year since the date of the marriage (unless the court permits in special circumstances). No seperation is required for counting the period of 1 year.After filling of the petition the court will try for reconciliation between the parties atleast once or twice.

Family Courts and Competent Civil Courts are the only courts who have legal authority to deal with divorce cases.
Registrar has no power to grant divorce
A registered divorce deed means nothing, its just a piece of paper.

SAINATH DEVALLA (LEGAL CONSULTANT) 23 July 2015

One more thing is as U have not obtained divorce from the court of law,UR second marriage is null and void.This new episode will certainly affect UR remarriage.Initially U were wrongly adviced opting for registrar's office.Hence better consult a local advocate well experienced in family matters.

Rajesh Patel 23 July 2015

Dear SAINATH DEVALLA.

First of all i would like to tell you thank u so much for reply.

We are ready to go with MCD. But my concern is that, what if she will ask for some money or like that? She send me messages for same via Facebook chat.

H.JanakiManohar Rao (lawyer) 23 July 2015

You have to pay monthly maintanance or alimony as fixed by the court to ur divorced wife.You pl.contact a lawyer for further course of action.

H.JanakiManohar Rao (lawyer) 23 July 2015

You have to pay monthly maintanance or alimony as fixed by the court to ur divorced wife.You pl.contact a lawyer for further course of action.

SAINATH DEVALLA (LEGAL CONSULTANT) 23 July 2015

Gentleman,

As she has surfaced after UR remarriage,don't be complacent ,there might be something in store for the future, to disrupt UR life.As U are not divorced legally UR remarriage is null and void and she can even sue U for adultery.I am not trying to create fear complex in U but better be vigilent in UR further approach.

What R U going to do if she brings UR second wife into picture when the divorce process is going,that would lead to number of complications for U.

Rajesh Patel 24 July 2015

We both are ready for MCD. But i have one dought in my mind. And that is If she asks for any money or something? then what is do from my side?.

SAINATH DEVALLA (LEGAL CONSULTANT) 24 July 2015

What type of a marriage was the 2nd marriage?

Rajesh Patel 27 July 2015

Hello Sir,

2nd marriage is arrange marriage

prabhakar advocate (advocate) 27 July 2015

Take second wife into confidence to obviate any future difficulties. Then talk with the first wife about the compensation. See, whether she had also married liked you. If so, both can go for MCD without paying any compensation. Otherwise, she would demand some lump sum amount and you have to haggle with that to get MCD. After obtaining MCD decree, which will take six months, if your second wife demands, go for the registration of second marrige.

SAINATH DEVALLA (LEGAL CONSULTANT) 27 July 2015

Rajesh U are not able to understand one thing, If U remarry without obtaining a divorce decree from the court of law from UR first wife,that's mandatory.UR second marriage will certainlybe treated as live in relationship and as an act of adultery punishible u/s 494 IPC,once UR first wife goes against U. hence my sincere advice is to settle the matter amicably without any further legal hurdles that could ruin the lives of all the three.