Is it possible to marry before getting divorced from previous wife
13-Feb-2023 (In Family Law)
Hindu Woman From Bhopal married a Hindu man living with his mother and father (parents) in Mumbai in Feb 2009.Man working on ships,went for work in July 2009.In October 2009, 7 months pregnantWoman upset of mans absence, packed her bags, took all gold from house,went to her parents house in Bhopal, without informing his husband.Man called the woman from ship but she did not come on line and woman's relatives asked him not to call again, else face cases in court.Woman Delivers child in Bhopal in dec'09,but does not inform the man.In Jan 2010 Man sends lawyers notice to woman to return back. Woman replies thru lawyer in May'10, stating dowry demand and fear of molestation by father-in-law and asked man to come and take house in Bhopal if wants to live with Them.Man did not reply back and has not seen them as he felt that the woman after robbing his gold and threaten him of false court cases, can even get him killed if he goes to Bhopal.Now what is legality if man want to remarry in 2017.
The man has to file for divorce in the Court and after he is granted divorce only then can he marry again . Without a divorce his second marriage will be invalid and bigamous and first wife can file criminal complaint.
before getting divorced to marry is illegal,but as per detected story it comes into my knowledge that wife is living separately from last seven years,they have not lodged any type of cases in the court or police station ,as being living separately more than 3 years is the ground for for judicial
separation,
separation,
The second marriage is not valid so Divorce not necessary. But she has all the options to file criminal and civil complains against him he will have defend himself and prove that she was aware that he was a married man. Let him fight his own battles , why should you take the stress.You should preserve all evidence in case in future he repeats this behaviour.
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.
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