Lux Matt 11 March 2021

How can i do second marriage as i am separated

Hi. I am separated single mother for past 18 years with my only child. I separated from my husband as he was into a relationship with other woman and was planning to marry without my knowledge. My child was just 1 yr old when I decided to leave him and stay with my parents n kid. Today its 18 years. I want to marry again as I love my friend whom I know for many years now. I don't know if my husband is even alive as I never want to see him ever. He is long dead for me. I want to live a married life and experience what marriage is. Can i marry my friend who is a bachelor in a temple or at home in South or Mumbai? We both want to marry and live a happy life. Please advise as I have lived all alone all this time, struggling and earning alone. Now, i am almost 44, and wish to have a partner in our life. Please advise what is best for me. I repeat, I don't want to even know if my husband is dead or alive as there has been no contact ever since year 2003. please tell me how I can do a second marriage and live peacefully somewhere. Thank you.

5 Replies

P. Venu (Advocate) 11 March 2021

Marriage without obtaining a decree of divorce amounts to bigamy which is a punishable offence. However, the court can take cognisance only on the complaint of the husband, not otherwise.

Kishor Mehta (CEO) 11 March 2021

Legally speaking your marriage to your friend without first obtaining a decree of divorce from a Court will be bigamy. You should first ascertain whether your husband is dead, if so, you must acquire a legal death certificate, in the event he is alive you should obtain a decree of divorce before marrying again.

Dr J C Vashista (Advocate) 12 March 2021

Instead of marrying your friend it is better to have a live-in relation with an assurance to look after both of you i.e., your 18 years old son, who can not be adopted at this age.

Otherwise seek a decree of divorce from your husband before marrying your friend.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 12 March 2021

Immediately file a case in a Court taking assistance if local Lawyer, seeking Divorce from your husband on the grounds of desertion duly noting all known facts about him leaving for other woman. Since 18 years passed since last contact, Court may be favourably disposed in your favour, after affording your husband a chance to explain himself giving notice to the last known address either office or residence (or both) as provided by you.

If you are particular about marrying again, this is correct course if action.

avadhesh Paliwal 13 March 2021

ALWAYS REMIND YOUR MIND THE LAW IS NOT AGAINST THE TRUE PEOPLE IF YOU LEFT YOUR HUSBAND AND THERE IS NOT ANY CONTACT PLEASE FILE A CASE AGAINST YOUR HUSBAND THAT HE RUN AWAY FROM RESPONSIBILITY AND MAINTENANCE SINCE LAST 10 YEAR AND CLAIM FOR PROPERTY SHARE AND FIND THE POLICE TO THAT PERSON AND THAT PERSON PROPERTY ......BECAUSE ANY PERSON WHO LEFT HIS WIFE MORE THAN 5 TO 7 YEAR THERE IS PROPER REASON FOR DIVORCE AND HE DEEMED AS A CRIMINAL OFFENCE....