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To get a Divorce with mutual consent


31-Mar-2023 (In Divorce Law)
My family broke in 2014, since then I did not meet or speak with my husband and daughter. I came to know that, recently my daughter got married. My marriage is not registered. I want to move on, and hence thinking to get divorce. My question is, should I get legally divorced, to move on with second marriage
Answers (5)

Answer #1
841 votes
mutual divorce is a process that requires both parties to agree to get divorced. To initiate a mutual divorce in India, both spouses must provide written consent to the divorce. If the couple has children, they must also make arrangements for custody and visitation.
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Advocate Navya

Adv. Navya

LawRato Bangalore / Bengaluru | 100+ Answers
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Answer #2
797 votes
If you are marriage is littlely valid in order to re Mary you should get a divorce which is legally valid, the divorce should be under the same family law under which you got married. the long separation is a sufficient ground for seeking divorce.
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Advocate S.K Prabhakar Shetty

Adv. S.K Prabhakar Shetty

LawRatoBangalore / Bengaluru | 1000+ Answers
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Answer #3
627 votes
I understand your questions so now you decided take divirce and married legaly second marriage right yes it is possible you get divorce under section 131(a) and 1(b) of hindu marriage Act so do you need any legal help contact me thank you
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Advocate Bhagya C H

Adv. Bhagya C H

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Answer #4
896 votes
yes , legally it is important to get divorce to remarriage .Without divorce you can't marry another person it's a offence under law. you can move divorce petition on various grounds like desertion ,cruelty,etc
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Advocate Shashiraj

Adv. Shashiraj

LawRatoUdupi | 25+ Answers
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Answer #5
640 votes
Hello, Yes. You should be legally divorced to have a second marriage. Section 5(i) of the Hindu Marriage Act prohibits polygamy and polyandry. It says that neither party should have a living spouse at the time of the marriage. Failure of this condition would make the marriage null and void under section 11 of the Act. Apart from this, the party would be liable for bigamy under sections 494 and 495 of the Indian Penal Code, 1860 and section 17 of the Hindu Marriage Act, 1955. As per this law, you have to be divorced for your second marriage.
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Advocate Anuja S

Adv. Anuja S

LawRatoBangalore / Bengaluru | 25+ Answers
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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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