Separated with wife by mutual agreement. Can i remarry now?
i have separated with my wife 3 yrs back through mutual consent, out of court. no court divorce decree was passed. I have one son who is staying with me. now i am doing second marriage and my first wife is telling me that she will file a police complaint against me. What can she do? What should i do?
Answers (4)
Mere staying separate for 3 years by mutual consent is not divorce unless either of you seek decree of divorce from Court of law.
You cannot marry without seeking divorce. Power to grant divorce is only with court. She can file a complaint of bigamy if she wants.
You should either file divorce petition against wife on ground of desertion n cruelty or else can go for mutual divorce.
Learn what is the procedure for divorce without mutual consent in India with the help of this Divorce Law Guide
Sir,
Mere staying separate for 3 yeats by mutual consent is not divorce unless either of you seek decree of divorce from Court of law. You cannot marry without seeking divorce. You should either file divorce petition against wife on ground of desertion n cruelty or else can go for mutual divorce.
Regards
Pramod Kale
Learn what is the procedure for divorce without mutual consent in India with the help of this Divorce Law Guide
The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.
The said agreement of mutual consent is illegal. Indian law does not recognise any such agreement. Power to grant divorce is only with court. She can file a complaint of bigamy if she wants. For future course of action you must file a mutual consent divorce petition.
Advocate Sooraj Hulke
4.4| 10+ user ratings
Kharghar,
Navi Mumbai
Popular Divorce Lawyers
U have not disclosed your religion coz if you are Hindu then unless and untill you are divorced by decree, you are not allowed to remarry. And yes your wife can file police complaint against you.so don't remarry till u get divorce by decree.
Advocate Sagar Kothari
3.7| 50+ user ratings
District Court Shivajinagar, Pune
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
- Got married on first may 2017 wives family issue can I file divorce
- Can POA holder attend the 1st hearing to sign Vakalatnama for divorce
- What is the procedure for mutual divorce
- How to file petition for MCD for NRI couples?
- Mutual consent divorce decree of Netherlands be used in Delhi
- Procedure to get divorce from wife as she filed false cases
"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."