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Kumar MS (others)     21 January 2012

Second marriage without divorce seperated



I want to marry my childhood friend who was already married and seperated from past 3 years but till they havent taken divorce. 


Please suggest me 


Thanks in advance





 26 Replies


No you can not marry without divorce. Her husband side can file case against you if you marry her.

Shantanu Wavhal (Worker)     21 January 2012

Second marriage is illegal without obtaining divorce.

Sanjeev (Lawyer)     21 January 2012

Unless she is divorced marriage is void and a case for bigamy may be filed by her current husband against you that would lead you in trouble.



Suspicious people that we are, especially the ones who have been burnt, a question arises why your childhood lady friend did chose not to obtain divorce for 3 years but live in a separated status.  

As the ld advocates have advised, your lady friend needs to have a divorce decree before you can marry her. 

Depending on which part of India you are in, the comfort level of the lady, the families, you may potentially explore a live-in arrangement with her where you start co-habiting. The divorce process may take its own time.

That begs a question to the experts- if two parties consent to divorce, how many days would it take to obtain a decree from the court and we are looking at an ideal situation where both parties are present physically, represented by their respective attornies and life is good. 



Kumar MS (others)     21 January 2012

Thanks alot for the response 


Can we live together with out marriage as living relationship is that causes any legal issues

Kumar MS (others)     21 January 2012

As she is unable to apply for divorce , if she went to the place she will never come out , her current husband dad is politacally influenced .

rajiv_lodha (zz)     21 January 2012

Oh come on yaar.......reveal the true least 2 som extent that members may impart help..........


Either u r befooling all of us here or u r really her next BAKRA

1 Like


@ Kumar MS

1. You answered one of the questions that I posed to you in an attempt to brainstorm a strategy. In particular, the question was about the comfort level of the families in you getting together with your childhood lady friend.

2.  Your response indicates that the girls in-laws will not accept you.

3. Rajiv_Jodhas brings a perspective to the situation. 

4. You may be in for some serious trouble for yourself and for the health, welfare and safety of your child hood friend in eloping with a married women. 

5. Reading some old cases of eloping with women where there are political connections, serious harm, murder is not unknown. 

Be careful - Tell the whole story - If you dont tell the whole story and the truth and based on partial story, use the " free advice" of the LCI members, you may find yourself in the jail, mortuary or the hospital. 

If you dont want to tell the whole truth and story, I recommend you hire a LCI lawyer who has demonstrated his/her capability by their posts and discussions. 

Dr J C Vashista (Advocate)     22 January 2012

Avoid doing such adventure

Kumar MS (others)     22 January 2012

Thanks alot for your suggestions 


Please suggest me best lawer to deal this issue


V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     23 January 2012

Make Love, mot marriages. 

Love is Divine, can Love anyone, 

Do not cross "Laxmanrekha" , whether Legal, Social or Moral.  

1 Like

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     23 January 2012

Why do'nt yu ask her to file dv u/s13, with pressure for mtn etc to get quick Div, 

Do u know why she live separate? 

If u r above 28, must act quickly. 

Kumar MS (others)     24 January 2012


i will call you on saturday please let me know your free time.


Kamlesh (other)     31 January 2012

Can he get married if her marriage is not registered and now they both can register the marriage.

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