Girl already married but did not stay with husband. Can she remarry?


My friend is getting married. The girl he is getting married already did court marriage 2 years before. But she didn't stay together. Will this be a valid marriage? Is the marriage cancelled if the couple doesn't stay together at all after marriage?

Answers (2)


121 votes

It will not be a valid marriage until the girl is divorced from first husband.even if she did not stay with him, the marriage is not cancelled until court gives divorce.The girl must take divorce from first husband otherwise second marriage. Is illegal and void


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

297 votes

The marriage cannot be held to be invalid. However, the marriage could not be consummated due to reasons of impotency, then the provisions of Section 12 of the Hindu Marriage Act come into play.

Advise your friend to first seek annulment of her previous marriage on the ground of non-cohabitation or she may seek divorce by mutual consent.

Best,

Popular Divorce Lawyers


Advocate Nikhil Singh
Singh & Associates, Hubli
2 years Experience
Advocate Ricky Chopra
Sector - 49, Gurgaon
18 years Experience
Advocate Ricky Chopra
Karkardooma Court, Delhi
18 years Experience
Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
19 years Experience

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. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related questions


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



Related Articles


Related Articles