Separated with wife by mutual agreement. Can i remarry now?

247 votes

Mere staying separate for 3 years by mutual consent is not divorce unless either of you seek decree of divorce from Court of law.

You cannot marry without seeking divorce. Power to grant divorce is only with court. She can file a complaint of bigamy if she wants.

You should either file divorce petition against wife on ground of desertion n cruelty or else can go for mutual divorce.

LawRato LawRato

591 votes

U have not disclosed your religion coz if you are Hindu then unless and untill you are divorced by decree, you are not allowed to remarry. And yes your wife can file police complaint against you.so don't remarry till u get divorce by decree.

Advocate Sagar Kothari LawRato

833 votes

The said agreement of mutual consent is illegal. Indian law does not recognise any such agreement. Power to grant divorce is only with court. She can file a complaint of bigamy if she wants. For future course of action you must file a mutual consent divorce petition.

LawRato LawRato

595 votes

Sir,
Mere staying separate for 3 yeats by mutual consent is not divorce unless either of you seek decree of divorce from Court of law. You cannot marry without seeking divorce. You should either file divorce petition against wife on ground of desertion n cruelty or else can go for mutual divorce.
Regards
Pramod Kale

LawRato LawRato