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Want to remarry on affidavit received by 1st motion of mutual divorce


06-Nov-2023 (In Family Law)
Dear sir, My self and my spouse have applied for mutual diverse. We have received 1st hearing date is after 6 months it is confirmed. My question is if any one of us refuses for mutual diverse terms on our 1st hearing what will be the consequences?? We both given in written affidivit that we were not going to interfere in others individual life and we have liberty to remarry. So can I marry some one based on this affidivit??
Answers (4)


LawRato

Answer #1
506 votes
Hi, I'm sorry to say that you are not supposed to get married before getting the first marriage dissolved by the court as it constitutes a serious offence. Though your wife on paper assures to not interfere in your life but that has no legal binding as the 6 months cooling period is given with sole intention to reconcile. If she decides withdraw her consent then the mutual divorce case becomes dud. This situation of withdrawal is very common in mutual divorce as there is change of mind in the parties. In view of the above circumstances it is not advisable to for marriage without proper divorce.
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Advocate B. Chandra Shekara Raju

Adv. B. Chandra Shekara Raju

LawRato Hyderabad | 25+ Answers
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Answer #2
675 votes
You can not remarry based on affidavit given by her. Court has to give divorce decree then only you are eligible for remarry. If any one of you oppose the mutual divorce on 1st hearing (second motion) then your petition for divorce will be dismissed/rejected
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Advocate Sanjeevi Krishna Rao

Adv. Sanjeevi Krishna Rao

LawRatoVisakhapatnam | 200+ Answers
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Answer #3
678 votes
If merely by filing of affidavits the divorce is presumed, why did you approach court. Unless the court pronounces the order, you cannot assume the matter is concluded based on affidavit. The affidavit will be corroborated by partys evidence and on being satisfied the court will pass order. Basically, the said norm of 6 months is followed to ensure that the litigating parties do not act on spur of moment, but give a reasonable time for reconciling themselves. Coming to your concern, There is a procedure to prepone the hearing. consult with details.
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Answer #4
828 votes
Dear, If any one of you refuse to adhere to the mutual consent divorce terms on your second motion (i.e., the date after 6 months), then the court will ask you to either withdraw the case with a liberty to file later if you ever wish to OR the court will dismiss the case. Though you both have sworn in the affidavit that you both are not going to interfere in each other's life and you have liberty to remarry, you need to obtain divorce first before you could remarry. Basing on the affidavit only you cannot remarry before dissolving your existing marriage.
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Advocate B. Srikiran

Adv. B. Srikiran

LawRatoHyderabad | 5+ 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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