LawRato

Getting remarried without getting a divorce


12-May-2023 (In Divorce Law)
Hi I got married to a girl few years back in a court marriage. After a year or so she left me without informing me . I tried contacting her but I couldn't. She just disappeared so I couldn't divorce her. It's almost 10 years now . But now I want to get married again. Do I somehow need to apply for divorce by contacting her or can I get married without divorce? Will it be considered valid?
Answers (2)

Answer #1
950 votes
You may file divorce on the ground that your wife whereabouts are not known for more than 7 years. You shall have to obtain divorce before you again remarry otherwise you may face legal consequences if your first wife returns. So, you cannot remarry without formally obtaining a divorce.
Helpful? LawRato LawRato
Answer #2
967 votes
when she disappeared, you have to lodge a complaint with your police station. If she was not found for seven years, after 7 years the police would issues you certificate of not trace. with this certificate you can remarry any person as per your choice.
coming to the present matter.... if your wife not even traced till today, you should prove that your wife was not heard of all these 10 years and to made believe her whoom you are going to marriage.
you can not obtain divorce from a person who is not available.
Helpful? LawRato LawRato

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."