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Can I get married without divorce


13-Apr-2023 (In Divorce Law)
I m living separately since 1990 . my wife is living in USA from the last 17 years..the case of maintance was dismissed filed by her..i m 66 year old.now i can married without divorce with a divorced lady.
Answers (5)

Answer #1
783 votes
no, you can not do marry with anyone during lifetime of your spouse, you have to seek divorce on the ground of desertion or if she is not known from past seven years. If you re-marry with another women then you may be book for bigamy.
As you told that she is leaving separately from last 17 years, you may be enter in leaving relationship and may spend your life.

Answer #2
881 votes
As per Hindu Marriage Act, and other Indian Laws, you cannot get married second time without legally divorcing your first wife. You may be charged for bigamy at the instance of your first wife. Therefore, you need to get divorce first by serving her abroad through divorce notice & then you can go for your second marriage.
Answer #3
643 votes
You are not allowed to marry unless you are divorced from your wife. You are required to file a case of Divorce and obtain an Ex Party Divorce, because your wife will not be able to fight her case of divorce, being staying away from India.

regards,

Adv malhotra
Answer #4
810 votes
Hello, First thing better not remarry without legally divorcing the first wife because 2nd marriage without divorce will considered illegal, null and void. You can file a divorce petition and afterwards can proceed with second marriage.....
Answer #5
808 votes
when was the case for grant of maintenance dismissed,you have to clarify.. has your wife left your company or you have left the company has to be specified..otherwise living seprate for such a long period is a good ground of divorce on the ground of desertion... as far as marrying again,yes there should be no problem,because your wife cannot lodge an FIR and can only file a pvt complaint case in trial court,incase she chooses to and for that she has to be present in court for each date of hearing

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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