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Can my friend do second marriage without giving divorce
27-Jun-2023 (In Divorce Law)
Hello, my friend got married 3 year back in court. But his marriage is not opened socially due to intercaste marriage. Now wife again married to somether person without giving legal separation to my friend on 31 Oct ,2017. My friend want divorse but she refuse to give and changed her all contacts so that he may not chase her. he want mutual separation but she did not want any thing. If my friend also do marriage like her then his marriage is valid or not? Let me know the possible ways...
Let this man file for divorce on the ground of cruelty, desertion for more than 2 years in the Family Court.
Address of the wife that is available with him that need not be her present address.
The court summon will be sent to her and as presumed she will not come for defending the divorce case.
The court after the summoning processes available, will proceed ex-parte against her and decide the divorce case in favor of the husband.
Without getting decree of divorce, the person if marry again he can be in trouble. His first marriage is valid and without getting out of this remarriage cannot be valid.
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Hello
Second marriage without divorce is criminal offence and there is no existence of such marriage in the eye of law. Ask your friend to file a complaint against the person who has performed marriage with your friend wife.
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That second marriage of the wife is not maintainable. A case of bigamy can be registered against her. on the other side if your friend wants to marry he should file a case for divorce and by any means find her and serve the summons on her and then take an ex-parte divorce. Then he can marry again legally. Your friend can live with a woman though in a marriage like situation, then also it will not be an offence.
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Adv. Vishal Sharma
Panipat | 25+ Answers
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