Re-marriage


I like to marry a women who is already married and also has a husband who also has no objection to this marriage. I have already lost my wife a year ago. The prospective bride is a government servant and her husband is also goverment servant. What is the relevance and under which act thjis alliance can take place. Regards. Chander B.Sharma


Answers (4)

Dear Mr. Sharma,

You cannot marry a married woman. No man or woman can marry while his/ her spouse is alive and when they are still husband and wife. Law does not recognize any marriage in which either the husband or the wife has a living spouse.


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As per law you can marry with the lady after she gets divorce from her husband, otherwise your marriage would not be legal. If her husband is ready then it would be very easy to dissolve the marriage and solemnize the second marriage.
Revert me if you need any assistance.

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Your matter will go accordingly under the provision of section 13 (A) and (B) of HMA.
First they both will obtain Divorce decree by mutual concent from concerned court than you are legally entitled to get marry to the woman.

Mr. Sharma, Indian laws do permit a second marriage during the subsistence of the first marriage. The lady needs to get a divorce from her present marriage before you can marry her. Her employment is not relevant for the present issue at hand.


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