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can I re marry before annulment is granted by court?
27-Apr-2023 (In Divorce Law)
When I was 18 I had an area samaj marriage and we didn't live together and not in contact too since last 7 years now we both married to other person..what should I do now?or what are the consequences I will bear? Can i file for annulment since marriage was not consumated?
1) Although you have not lived together after your marriage, you still continue to be legally wedded husband and wife as you did not obtain divorce before you had your respective marriages subsequently and as a result your marriage to the current spouses would be illegal.
2) If you file for annulment of marriage, notice will be served on the opposite party and if the other party does not respond to it and does not appear in the court and have no representation in the court your advocate can seek to get an ex parte order of divorce for you.
3) The best option however would be to contact your former spouse and ask him to co operate with filing for a divorce by mutual consent.In this a joint petition can be moved by you without disclosing your present marital status and the court will order a divorce in 6 month's time.You need to engage a lawyer locally who can help you with the process.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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1) Although you have not lived together after your marriage, you still continue to be legally wedded husband and wife as you did not obtain divorce before you had your respective marriages subsequently and as a result your marriage to the current spouses would be illegal.
2) If you file for annulment of marriage, notice will be served on the opposite party and if the other party does not respond to it and does not appear in the court and have no representation in the court your advocate can seek to get an ex parte order of divorce for you.
3) The best option however would be to contact your former spouse and ask him to co operate with filing for a divorce by mutual consent.In this a joint petition can be moved by you without disclosing your present marital status and the court will order a divorce in 6 month's time.You need to engage a lawyer locally who can help you with the process.
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