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 (3)


231 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


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61 votes

Thank you for your mail
your friend cannot marry her unless the lady files for divorce / annulment she has to do the above said even if she has not lived with her husband
She must get her marriage dissolved first

your friend can't marry a woman who is already married
As he can't marry an already married woman

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181 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,

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