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Can I remarry without taking a divorce from first husband


09-Mar-2023 (In Divorce Law)
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)

Answer #1
817 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.
Answer #2
807 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.
Answer #3
943 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.

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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