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Jolly (accountant)     22 August 2016

Re marriage

HI, 

I got degree in divorce last Nov'15 and interest for re-marriage. One suitable candidate is there...she is also divorcee but she doesnt have any proof.Means She simply left her in-laws house.. So please suggest me is it possible to marry a candidate who doesnt apply for divorce... She doesnt have any relation last 8 years as told by her. 

Please suggest...

 



Learning

 11 Replies

adv.bharat @ PUNE (Lawyer)     22 August 2016

Jollyji without previous divorce u can't think of marriage with her.

It amount to offence of biggmy in INDIA for which u will be punished.

If u like my solution the plz give THANKS on my profile.

Jolly (accountant)     23 August 2016

Thanks for reply..the candidate has told clearly abt her...but suppose she didnt say anything...then i could know...i mean to say that any person can cheat by hiding his/her past marital status....How we will know whether a person is married or unmarried..

Jolly (accountant)     23 August 2016

Thanks for reply..the candidate has told clearly abt her...but suppose she didnt say anything...then i could know...i mean to say that any person can cheat by hiding his/her past marital status....How we will know whether a person is married or unmarried..

Mukesh sharma (job )     23 August 2016

Hi  i am agree with Bharat sir 

you need Divorce first after you think about second marriage other than its under offence 

thnks 

Vibha   23 August 2016

  1. You may be feeling frustrated about making an important life decision on basis of stupid laws and courts that take forever to decide anything. 
  2. If you marry this woman the marriage would be null and void. She could also be criminally liable for bigamy. 
  3. Marriage signifies first and foremost a personal bond and commitment between two adults. It is a social a legal institution afterwards. 
  4. I am going to take a risk and offer a suggestion that could be controversial for some people. 
  5. You can make a commitment to each other and celbrate it informally. Having a party where family and friends wish two people a happy life together is not a legal marriage. Be careful to avoid any religious rituals. Legally it would be a live-in relationship. Between you both and the families, the relationship can mean anything you want it to mean. 
  6. If you do decide to go down route above, contact a lawyer and draft a mutual understanding about the relationship. There can be claims of rape if a dispute arises between you both and no formal agreement is in place. 

KS Johal   23 August 2016

Referring to the comments as above in number five. I fully respect the way it has been suggested by Vibha. This is ok to an extent where the family and your friends will not in the future create problems for both of you if you have a live-in relationship. Sometimes it is the friends or family Circle that create issues and they become hard to handle. Let me give you an example if one of your family members attended your wedding around eight years ago and also knows your spouse goes around and then informs this person that you are having a live-in relationship with this person, what do you think the response will be from your spouse? As advised by Ramesh Singh - I would go for ex parte divorce provided your spouse is non traceable otherwise you will have to go down the normal route. If you want to accelerate your divorce from your spouse at a faster pace then you need to consider mutual divorce. I hope this helps.
1 Like

KS Johal   23 August 2016

Sometimes we are trying to get all of the golden eggs from the chicken. This means that if you were to go down to normal route the divorce could take longer than you have been anticipated. Also for the mutual divorce you may have to pay compensation for your spouse. Sometimes reading money and time may not be in your favour. Your new partner could also question your trust Factor in the future relationship that you wish to have. I hope this gives you clarity and will help you make an informed decision.

KS Johal   23 August 2016

Mistake in the he previous paragraph. should read: 'Sometimes money and time may not be in your favour'.

Krishna Murthy Pasupula (High Court Advocate )     23 August 2016

Sir,

In this Instance, for going remarriage without legally divorced woman is not advised hence you are advised only remarry after court divorced woman only.

whatnot   23 August 2016

Live-in relationship with married woman is offense and you would end of in jail if her husband puts a case. She will walk out free with may be bit of stigma.

Live a live-in with no selfies, no recording of bedroom activities (for fun or otherwise), no social rituals of any kind together.

 

Or dig out her past and follow up with a divorce.

Things may work out in your favour, if you both are staying in a city different from her past. And also if you both from different religious background as by the time law decides which law applicable, both would be dead!

 

dr g balakrishnan (advocate/counsel supreme court)     23 August 2016

today marriages are to be per laws, not by minds meeting, so marriages break more easily than traditional marriages or gandharva marriages. so you r living today in messed up statutes infested marriages. so tread very carefully sir.


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