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
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