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Can I remarry in case my previous marriage has not been dissolved ?
20-Aug-2023 (In Divorce Law)
I married in 2000. In 2002 There was a small issue arised between us which led to separation. When i asked for divorce, she was not willing nor joined me. After many negotiations through mediators, she was not willing to join me. I sent a notice of Restitution of Conjugal rights. She hasn't cared either. In 2006 I remarried again without divorce. Now almost 14 years passed, Do I need to apply for divorce. Do I get divorce as many years passed? Please advise
Hi
Technically your first marriage still subsists and your second marriage is illegal.
However if you have not had any contact with your first wife and probably she has also moved on, nothing to worry for now.
However you should take care of your income and properties as your first wife can at any time come and claim share of your money and properties and she will get 100% of your money and property should she make a legal claim.
So better to consult a lawyer before you decide to buy any properties in your name.
Also if you can file for divorce on the grounds of desertion, better file it now and close the matter once for all.
Technically your first marriage still subsists and your second marriage is illegal.
However if you have not had any contact with your first wife and probably she has also moved on, nothing to worry for now.
However you should take care of your income and properties as your first wife can at any time come and claim share of your money and properties and she will get 100% of your money and property should she make a legal claim.
So better to consult a lawyer before you decide to buy any properties in your name.
Also if you can file for divorce on the grounds of desertion, better file it now and close the matter once for all.
Helpful?
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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Unless the marriage is terminated by the court, the relationship continues to exist for all practical purposes. is your wife aware of your re-marriage, she can book you for criminal offence of bigamy.
File for Divorce if she is agreeable to mutual consent and the same is speedy and economical. If mutual consent is not possible, you can file for divorce under the grounds of cruelty and desertion.
File for Divorce if she is agreeable to mutual consent and the same is speedy and economical. If mutual consent is not possible, you can file for divorce under the grounds of cruelty and desertion.
Helpful?
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Dear,
When she deserted you then you could have filed a divorce petition on the grounds of desertion but you have chosen to issue the notice for restitution of conjugal rights inspite of her non-willingness to join with you and she has not heard the advise of the mediators and kept quiet. However, there is a legal obligation on your part to initiate divorce and then remarry after the court grants the decree of the divorce. But, if she invokes any cases on you then basing on her initiation of proceedings only you can defend your case...
When she deserted you then you could have filed a divorce petition on the grounds of desertion but you have chosen to issue the notice for restitution of conjugal rights inspite of her non-willingness to join with you and she has not heard the advise of the mediators and kept quiet. However, there is a legal obligation on your part to initiate divorce and then remarry after the court grants the decree of the divorce. But, if she invokes any cases on you then basing on her initiation of proceedings only you can defend your case...
Helpful?
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Adv. Vikram Chandra
Hyderabad | 100+ Answers
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