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Anurag kumar (software engineer)     30 December 2013

Second marriage


I have a situation, My wife is agree if I want to live away from her because we don't have any good relation between us...I am sure that she wouldn't be ready for divorce but I can get her written statement; "That she will not make any interfere in my future life and will not ask and compensation and will allow me to spend my life in my way" 

I want to know how can we make this statement legal and can I get  second marriage on the basis on this.


If this statement would be considered as a legal permission, would she be in a position at any time in future to make any type of claim.


Please reply after going through every aspect of my problem.


 7 Replies

Advocate Suneel Moudgil (Advocate)     31 December 2013

Such statement has no value in eyes of law, only decree of divorce will help you

Laxmi Kant Joshi (Advocate )     31 December 2013

Without divorcing first wife remarriage to second is void according to hma and also a criminal act of bigamy in ipc .

Reformist !!! (Other)     31 December 2013

Such statements are not valid and your wife could charge u under bigamy for marrying 2nd time. Wise option is to go for mutual divorce, if she really dont want to interfere in ur future life, she wud give u divorce.

T. Kalaiselvan, Advocate (Advocate)     31 December 2013

Your statement is that your wife is not willing to stay with you and she prefers to stay away from your but she will not give a divorce to you though she may not interfere in your future life or she will claim any maintenance from you.  This is as it is a well planned torture by your wife to ensure you do not live in peace whether with or her or not.  If she had made her intention very clear to not give you divorce, she may resort to legal action against you for  the offences relating to second marriage during the subsistence of your first marriage, therefore it will be imperative to legally divorce her either through mutual consent or on the grounds of desertion and cruelty and then plan for a second marriage. Do not ever take things for granted in your favor lest you will land up in trouble.

Reformist !!! (Other)     02 January 2014

I completely agree with Mr.Kalaiselvan

Mohini (housewife)     02 January 2014

Sir, i  want some help on following problems.

One of my friends male whose wife expired in year april 2005 , he remarry with divorecee girl who brought one baby with her ,but within one year problem arised and she left to parents house., At the time of  paying one time alimony ( in may 2006 ) we came to know she is having divorece on stamp paper in sub registrar office,but  when we promised to pay money even my friend paid money by cheque and advocate made DEED OF DIVORECE on stamp paper, we registered and also paid  registration charges., When in august 2008  when my friend applied for renewel  of  Passport  ,The local officer seen all the papers and said when your second wife is not legally divorecee therefore your marriage is not valid ( in between we got some paper of second wife  showing new name of her husband  in school application form of  year 2005 That school certificate shown to passport officer    ) there  u show only your first wife ( she expired in year 2004 ) therefore my friend shown filled that he is widower in year  august 2008.

Breif :

Name Ashok  whose wife expired in april 2005.

He married with divocrecee girl, she brought her one daughter in year 2005 , Daughter was having from her previous husband.

She left  May 2006 with her daughter, From my friend no any child.

We paid money in 2006,advocate made DEED OF DIVORECE , amount paid by cheque and registered ,also paid registration charges and at that time came to know that she is having divorece  deed signed in sub registered office but when gone for PASSPORT  office , officer tole me that your second wife in not your legally wife, why u paid any money to her, she is still wife of her first huabnd and as her daughters school admission  in year  may 2005 whowing new name in fathers column means she is married with that person in year 2005.

 Ple let me know if DEED OF DIVORECE  ON STAMP paper is not valid why the advocates are doing such kind of business and harraseing the parties, means passport officer is more knowledgeable than such kind of  advocate. Pls. Thanks

slakshmanrao (accounts officer)     02 January 2014

Better option is take preferably a Notary Advocate to the passport Office and get the work done....Alternatively,there will be adequate Notary Advocates near the Pass port Office whose services may be of some use....

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