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Mutual separation not legally done whether valid
31-Jan-2023 (In Divorce Law)
Namaste, May i know whether Mutually Separated person can get marry legally to somebody else?
No, unless the court pass the order of Mutual Divorce none can remarry. For Hindu, Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation. There are different laws of divorce for different religion. Hindus(which includes Sikh, Jain, Budh) are governed by Hindu Marriage Act,1955.Christians are governed by Indian Divorce Act-1869 & The Indian Christian Marriage Act,1872. Muslims are governed by Personnel laws of Divorce and also the Dissolution of Marriage Act,1939 & The Muslim Women (Protection of Rights on Divorce) Act,1986. Similarly, Parsis are governed by The Parsi Marriage & Divorce Act-1936. And there is also a secular law called Special Marriage Act,1954. But every religion you have to divorce officially.
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Adv. Saptarshi Paul
Tinsukia | 25+ Answers
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No.. For remarriage, first you have to dissolve your previous marriage by obtaining a decree of divorce.. If you have obtained a decree of divorce from a competent court of law, then u may remarry anyone of your choice..... Hope this suggestion will help you..... Thanks....
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Adv. Naba Kumar Das
Tinsukia | 25+ Answers
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