• Re-marriage

I am legally divorced around 2 year back and now looking to marry again. Currently My parents are in conversion  with a girl's family regarding my marriage.

According to the Girl's parents She got the divorced by the mutual consent of both the Girl and boy family 6-7 years back in presence of some relatives of both the parties, but there is no legal documentation has been maintained/done for that process.

Also as per the girl's family that boy is now already got married and have kids with his second wife.

So now i have some questions in this circumstances

1) If i want to get married with her, than it is possible and legal?
2) if a husband and wife are living separately then is there any provision in law that after how many years marriage would be termed as legally dissolved.
3) if i want to do Court marriage, is it possible? what is required for that.
4) How the Girl parents can made this divorced legal now, is there any provision in law, like they can get some paper work signed by her earlier Husband. shortest way of making her divorce legal, so that i can marry her in next 2-3 months.
 

Thanks in advance
Asked 2 years ago in Family Law from New Delhi, Delhi
Religion: Hindu
1. Spouses cannot enter into an agreement and divorce without getting a divorce decree from the court. Only a court of law can grant divorce. Divorce in the presence of relatives, documented or undocumented, is no divorce.

2. A long separation does not imply automatic divorce.

3. You can marry her only after she obtains divorce from the court. If you marry her before she obtains divorce both of you will be guilty of bigamy and can land in jail.

4. Tell this girl to file for mutual divorce in the court.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. Mere consent of parties is of no relevance. Divorce is possible only through decree of court and without it do not go for marriage.
2. Mere staying separate for long years does not end the marriage automatically. It needs decree of court and nothing else.
3. Court marriage would be considered illegal as the bride is not divorced as yet and you may be prosecuted for bigamy.
4.Ask them to apply for mutual divorce in court along with her husband  . This is the only remedy.
Devajyoti Barman
Advocate, Kolkata
5207 Answers
54 Consultations
4.9 on 5.0
1) remarriage is illegal . no divorce decree has been passed by court of law . 

2) merely because husband and wife are staying separately does not imply divorce . you need court decree 

3) you cannot have court marriage without girl being granted a divorce decree by court . if you marry her you would be guilty of bigamy 

4) you cannot marry her in 2-3 months . a petition for divorce by mutual consent has to be filed in family court . divorce decree would be granted in 6 months time
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
Hi, as per law the divorce taken by the girl is not accordance with law and it can not be called as divorce so there is no legal sanctity in the eye of law.

2. And it is better you can avoid this proposal.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Dear Querist
My opinion on your Queries are as under:

1) If i want to get married with her, than it is possible and legal?
Opinion: First of all try to collect the divorcee issued by the court then marriage can be possible legally.
 
2) if a husband and wife are living separately then is there any provision in law that after how many years marriage would be termed as legally dissolved.
Opinion: without court decree the marriage can not be dissolve.

3) if i want to do Court marriage, is it possible? what is required for that.
Opinion: if she is legally divorce then no need to worry, it is possible.
below is a list of documents required for court marriage these documents have to be submitted along with duly filled application form with the prescribed fees.

1.Four Passport Size Photographs of both boy and girl.

2.Proof of Residence it can be a Voter Card / Passport / Ration Car / Driving License / Bank Passbook / Lease Deed / Rent Deed) of the concerned boy and girl.

3.A birth certificate or any document like Municipal Corporation Certificate, Xth or XIIth Examination Certificate, Passport, PAN Card of the concerned boy and girl.

3.If any party is divorcee – Certified copy of Decree of Divorce granted by the Court.

4.Death certificate or divorce decree whichever is applicable, in case one of the parties had any marriages in the past.
5.If any party is a Foreign Citizen or holding a foreign Passport or is having foreign residential address – Certificate of Present Marital Status of the party / No Impediment Certificate / NOC from concerned Embassy and Valid VISA.

6.Two Witnesses

4) How the Girl parents can made this divorced legal now, is there any provision in law, like they can get some paper work signed by her earlier Husband. shortest way of making her divorce legal, so that i can marry her in next 2-3 months.
Opinion: Court Decree is mandatory for legal divorce, they file a MCD before Family court and get the divorce decree.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
Hello,
1) You cannot marry her legally until she has obtained a decree of divorce from a court of law.

2) The quickest you can accomplish this is by way of a mutually consented divorce. The lady and her husband have to file a petition by mutual consent and they will be able to obtain divorce in six months.

3) Once the court decrees divorce you are free to marry, either under Special Marriage Act or as per religious rites.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Hi,
1. tell the girl's family to get a legal divorce decree . 
2. without a decree from court if you get married the marriage shall be treated illegal/void. The relationship and marriage without obtaining a decree from court is illegal and it is an offence all religion other tan Muslims who have the option of talaque.
3. The girl's first husband's present marriage is also illegal and void, so ask the girl to get her estranged  husband to take a legal divorce and legalize his present marriage as well.
4. It is not legally advisable to get married without obtain a decree if your fiancee ha sot obtained a court decree of divorce.
5. file for mutual consent divorce and speak to the registrar of the court that whether they can ask for waiving off the period on the basis of the present circumstances and move a petition in the court to grant divorce before 6 months time. This is something she can try
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. It will be highly illegal to marry her since she is still legally wedded to her husband,

2. Marriages are not automatically termed as divorce for any reason. Divorce suit, be it contested or MCD, needs to be filed and decree of divorce shall have to be obtained,

3. You can do the Court Marriage but that marriage will be invalid being illegal,

4. The only option left before you is to convince your fiancee to ask her husband to agree for jointly filing mutual consent divorce which will be granted after 6 months,

5. You can not marry her before her getting the decree of divorce from her husband..
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
Hi,  yes you can marry her only when she legally divorce to her husband.

2. under normal circumstance Mutual consent divorce require 6 to 8 months.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) yes you can remarry the girl only if she obtains divorce 

2) girl and her husband have to fiie MCD . she would get divorce in 6 months 

3) no short cuts for divorce . cooling period is waived off only in exceptional circumstances
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
1. Yes you can marry after divorce.
2. 6 months is shortest possible time.
Devajyoti Barman
Advocate, Kolkata
5207 Answers
54 Consultations
4.9 on 5.0
1. You are right. You can only marry her legally after she avails the decree of divorce from her husband,

2. She and her husband shall have to file a MCD petition and after 6 months of the date of filing, there will be the 2nd motion when both of them shall have to appaer before the Court to say that they still agree for the said MCD. The decree of divorce will be isued immediately,

3. This is the shortest way left before you to marry her.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
she and her husband may file an application u/s 14 of HMA for waive off the cooling period of six months with section 151 of cpc and can get the divorce.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
1. Your summary is correct.

2. You cannot marry until and unless she has obtained divorce from the court. Mutual divorce is the most hassle free divorce under the Indian legal framework.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0

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