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Remarriage without divorce and validity of marriage


20-Jul-2023 (In Divorce Law)
Hi I got a registered married around 10 years back and due to some personal reason got separated from my wife. I had filed restitution case again her but she did not appear in court so an ex party order was issued..either of us did not file for divorce but in between around 3 yrs back I got married to another woman which was again registered marriage and we have 2 kids. I wanted to know if the present marriage is valid or no
Answers (3)

Answer #1
725 votes
Hi In this case it is court to decide whether your second marriage is legal or not You have to file declaratory suit before the family court and put forth all the facts leading to your marriage You have to establish desertion and non compliance of RCR order in order to succeed
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Answer #2
907 votes
after getting order on restitution of conjugal rights you would have filed divorce petition as your first marriage still valid until go for mutual divorce. Your first wife can file case against you if she finds you already married with another woman for further information do contact me
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Answer #3
698 votes
Hello Advocate Minakshi Ovhal here without taking divorce of first marriage second marriage is void. you can file divorce petition after one year of restitution decree. can you provide me details information. can you call me Thank you.
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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.

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