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Ashish Joshi   11 March 2020

Marriage with Non Marriage Registered woman

Respected All,

Greetings of the day!!

I have little query on marrying with woman who didn't register her marriage with husband.

In Oct 2018, my GF got married in one of marriage hall in Thane, Mumbai. Her husband didn't register their marriage yet. Unfortunately, after someday, her husband's reality came out that what they have shown before marriage was all damm fake. Their marriage life was not going good and they decided not to live with each other. At present, they are not living together which is more than a year now.

My question is that, can my GF get marry with me ? Does any bigamy or any equivalent clause will take place ? If YES, what is that ground for defense. She is 5 month pregnant as well by me


 7 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     11 March 2020

Dear querist,

Your girl friend has to take divorce from court then only she can marry you. Defence is based on case filed against you.

2 Like

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     11 March 2020

If your GF and her husband both have reached to a conclusion that they do not want to live as married couple and want separation then why don;t they get mutual consent divorce from proper court of law so that your bf having no stigma over her head may re-marry with you and you both may live tension free? 


The mutual divorce petition can be granted by the concerned court withina week.

1 Like

Ashish Joshi   11 March 2020

@ Rajkumaar Sir, Thanks for time.
Her husband is neglecting her on this. She tried a lot to approach him but His intention clearly seems that he want to harras on this. There is way of Ex-Partee but also it seems lengthy & time taking.

She is pregnant & may be her husband see her with Baby Bump may get more aggressive on his intension.

Pl note that both of them have not register their marriage, but followed marriage rituals. If I marry with her, any ground to defend.?

Shashi Dhara   11 March 2020

File petition for maintenance against her husband with divorce petition also maintenance for child.
1 Like

Free Legal Help India   15 March 2020


ANAMIKA VICHARE (LAWYER)     30 March 2020

she has to get decreeof divorce n then she can remarry


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