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Sathish   13 October 2017

Divorce not through court

I got divorced 5 years ago.  In Dec2015 I married a girl who is a divorcee.  simple marriage in a temple attended by 20 persons, no marriage invitation and our marriage was not registered. She left me in one day saying my male power is medium, not up to her expectation.   In May2016 she made a police complaint in women police station, saying "difference of opinion and girl is not willing to live together"  Inspector asked me to return the cot, bero, utensils, mixie, grinder, etc of her.  Both of us gave letter to inspector stating we will approach the court for divorce.

The girl family vacated the rental house and moved somewhere.  I enquired as much as I can, but I could not find the location of girl family.  One of my relative is in touch with the girl family but he denies to tell me the location.  

I have divorce decree through court, She did not get her divorce through court, they got in writing in a white paper, signed by relatives of both side.  I have seen this paper but I don't have a copy.  My lawyer says I can marry another girl, there should not be any problem because she does not have valid divorce certificate from her previous marriage. So, my marriage is not valid.  If she files either bigamy case or divorce case claiming maintanence  then we will probe into her first marriage and dismiss the case.

Please give your opinions. She did get proper divorce through court, so is it true that:
1) my marriage is not valid?
2) she cannot file bigamy case against me?
3) she cannot claim maintanence from me by filing divorce



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 3 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     13 October 2017

1. If the girl has not taken legal divorce then marriage with her is not legal.

2. If she has not takent divorce previously then there is no bigamy

3. She cannot claim maintenance in the present case explain by you

 

 

Siddharth Srivastava (Advocate)     13 October 2017

If your marriage has been dissolved by a valid decree passed by court of law then it is valid. It is not required that party shall obtain separate decree of divorce. 1. Yes. 2. It is incorrect. 3. She can claim maintenance. Consult a lawyer with details.

Sathish   13 October 2017

Sidharth:

I got court divorce from wife1, then married wife2
wife2 married me without getting court divorce from husband1 and this husband1 married another girl.

wife2 is not living with me, now can wife2 claim maintenance from me?

If I marry another girl then wife2 can file bigamy against me?

 


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