Can I remarry without taking a divorce from first husband


I am a 24+ years old hindi woman who was got married at the age of 16(under age). I have a 5+ years old son. I am separated from my husband from last 5 years. We have not registered our marriage. Now I want divorce but he doesn't want to give me divorce and the problem is I don't have his present address where I can send him the letter of divorce. I only have the address of his parents with whom he doesn't stay. Please suggest me how to get rid of this marriage as I want to remarry. If I get remarried without giving him divorce what should be the result? Please suggest.

Answers (3)


122 votes

No you cannot marry unless you are divorced, notwithstanding the marriage is registered or not. If you remarry without divorcing your present husband, there will be many problems and unnecessary litigation. Please file a divorce case against your present husband and process it suitably so that in the near future there arise no problem from you present husband.


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338 votes

as you are married for more than 7 years, even if you have not registered your marriage it will be considered as a legal marriage. you can easily marry someone else but it would create a lot of trouble for you in the near future. I would suggest you to move for divorce and as per your grounds, you would have your divorce soon. i have handled these kinds of critical divorce cases and has solved also a bit.

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262 votes

As your marriage is consummated you are required to obtain divorce else your second marraige is null and void in the eye of law.You can file a suit for divorce and send the notice to his parents house,if he does nt appear then make a paper publication of the summon.
Thanks.

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