Want to Remarry after divorce decree but FIR not quashed

953 votes

Once you stand divorced, you automatically become eligible for remarriage. But, since you have not mentioned about other aspects like settlement of property purchased jointly, alimony, maintenance, custody of children etc and also the fact that on what grounds FIRs have been filed against you, I would rather you wait and settle all these matters before making a new beginning. It is difficult to give you a well rounded advice in absence of other vital information as mentioned above.

Advocate Radhey Shyam Rai LawRato

980 votes

It appears from short facts stated by you that your wife had filed some FIR against you for dowry etc and thereafter some settlement has been arrived at and you have taken divorce by way of mutual consent as a part of settlement and that your wife has
also agreed to file a joint petition with you for quashing of FIR filed by her.If that is the position it is better for you ,if you file the joint quashing petition supported by your and your wife affidavit ,at the earliest by making your wife as petitioner No.2 & stating therein about settlement of all problems with your wife and grant of divorce etc .Most likely the said petition ,if filed jointly ,will be disposed on first hearing ,if you and your wife who has divorced you are present in the Court and she states in the Court about settlement ,,divorce and also states that she has no objection ,if FIR filed by her against you is quashed .As in the above circumstances not much time is likely to be taken in the Court ,it is better to get the FIR quashed first and then go for second marriage.

Advocate Rajiv Mehta LawRato

828 votes

Dear
It’s better first you file quashing and got yourself free from legal obligation so you can marry and lead peacefully life and its right time to file quashing as if conditions are good with other party you are able quash the FIR easily.
Rest will more clear when you meet with your lawyer.

Advocate Sudha Nim LawRato

577 votes

For remarriage, it s mandatory to get divorce from 1st spouse. Therefore, after getting a valid Divorce, remarriage can be done. Rest depends upon whether divorce is mutual of disputed or in case of disputed whether it was challenged or not etc.

Advocate Neetica Sharma LawRato