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Can a separated couple remarry if MoU has provision
08-May-2023 (In Divorce Law)
Hi. I have signed MOU. Separation agreement by mutual agreement. Copy is with my husband who is not livng with me.. and that papers yet not filed in the court. Mou has been signed in mid of Mar 17. He is in affair with a girl who is 21 yrs old..also she is 21 yrs younger then him. 1 point was mentioned in the mou that we both can remarry. Is it possible? He is living with her .. may be he got marreid with her. I just want to know who will be the legal wife..
Your MOU has no legal stand has your MOU is not a Court's decree that you both are legally separated. Even its your understanding it has no legal ground in the eyes of law. And answer to your question is you are the only woman who is legally wedded wife of your husband even if he has married to some other lady.
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Adv. Dhananjay Ravikant Gangawane
Pune | 500+ Answers
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No. As per law unless you get a decree of divorce from the Court you cannot remarry. Mere agreement of separation between husband and wife outside Court has no legal force in the eye of law. Until you get divorce from Court you will remain to be the legally wedded wife. If your husband has remarried on the basis of separation agreement he is guilty of bigamy and can be punished for that offence under Section 494 of Indian Penal Code.
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Adv. Ujwal Deshpande
Nagpur | 25+ Answers
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MOU must have been filed before court if any case is going on. And as far as First marriage is valid till no court has ordered divorce order or both of the partners are alive. So your marriage is still valid. And approach appropriate court for further orders.
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Adv. Sachin Ghalsasi Prakash
Pune | 25+ Answers
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