Separated with wife by mutual agreement. Can i remarry now?
i have separated with my wife 3 yrs back through mutual consent, out of court. no court divorce decree was passed. I have one son who is staying with me. now i am doing second marriage and my first wife is telling me that she will file a police complaint against me. What can she do? What should i do?
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.
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.
Advocate Pramod KaleDistrict Court, Shivajinagar, Pune
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.
Advocate Sooraj HulkeKharghar, NaviMumbai
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 KothariDistrict Court Shivajinagar, Pune
- Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Get Started >>
Answers by Our Lawyers
- Case of defamation on ground of audio recording of abusive language.
- friend took loan and did not pay but deduction from my salary
- Wife mentally sick, not wiling to take medicines. What should i do?
- is it a valid gift deed?
- Personal documents on trademark website how can I delete it