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)


419 votes

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

336 votes

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


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114 votes

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.

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75 votes

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.

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