• Remarrying after 2 years of desertion

I got married in 2016 feb and my wife left in apr 2016. Sonce then she is not yet back. In june of 2016 we settled on mutual understanding and signed a sulahnama in ssp office. After that it is now 2 years and she is still not back. 

I have not filed a divorce yet as i was not ready to remarry but now i have found a partner. I want to remarry however if i file a divorce, it is uncertain how much time will it take to get divorce decree. 

Can i get married again without filing divorce. 

What if i do not publish it anywhere and my first never shows up

What if i get married again and my first wife shows up after that

I am totally confused and need solid help here.
Asked 4 years ago in Family Law
Religion: Hindu

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16 Answers

No sir you cannot marry without legal divorce it offence under ipc 494 bigamy as well as your second marriage shall be void.

you can keep it a secret but your second wife won't have any rights first can claim all property legal rights after death. Further if she never shows up good for as no criminal case will be Filed by her but marriage won't be valid in eyes of law.

Further if she show up she can prosecute you for bigamy and you can be punished further your second marriage shall be void.

Try contacting your wife take her consent for mutual divorce if she agree you can take a mutual divorce if not you have to file a divorce on ground of cruelty and desertion under section 13 HMA

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You are bound to take divorce on ground of desertion under Section 13(1)(ib) of hindu marriage act. If you do not seek divorce and remarry you may be prosecuted for bigamy and may have to face criminal case.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

You cannot remarry during subsistence of earlier marriage

If you remarry your wife can file case of bigamy against you under section 494 of IPC

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Can i get married again without filing divorce.

No, that is illegal,

What if i do not publish it anywhere and my first never shows up

It will become a problem at a later stage when she comes to know about it.

What if i get married again and my first wife shows up after that

You may face the wrath of the law if she files a criminal complaint.

I am totally confused and need solid help here

Better file a contested divorce on the grounds of desertion and then marry the girl you have proposed to marry now

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Your marriage with the first wife still subsisting as a decree of divorce had never been passed by court and as such you need a decree of divorce before marrying again.

Otherwise you will be committing an offence of bigamy under section 494 IPC for which a criminal complaint can be filed against you by your wife.

Even if your wife never shows up again your marriage with your second wife would never be legal as per law.

I would advice to file for divorce divorce on ground of desertion under Section 13(1)(i)(b)of Hindu Marriage Act as sulahnama in SP office cannot be said to valid divorce legally.

Feel free to call.

Regards.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Without taking divorce from first wife if you remarry then it is crime under ipc . So before remarrying, take divorce.

Shitanshu Kumar Gaur
Advocate, New Delhi
44 Answers

Not rated

1. You can not remarry without obtaining the decree of divorce from the Court.

2.If you remarry without obtaining the decree of divorce, then your second marriage will be considered as illegal and the children born from your next partner will be illegitimate.

3. If by chance she lodges a police complaint against you for remarrying even after 10 years hence forth, you shall be punished on the charge of bigamy with prison term.

4. File a divorce suit against her if she is not willing to jointly file a mutual consent divorce petition and remarry only after obtaining the decree of divorce.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

1) You first get Mutual Consent Divorce from your first wife and that you will get fast. You should approach her and follow MCD procedure earliest.

2) Without taking divorce from first wife don't do second marriage.

3) while doing second marriage do inform them that you're divorcee and earlier you were married.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Hello, you can not get married again without taking divorce as Its illegal. If you will do that, your wife can booked you for bigamy. For detailed dis uss ion you contact us. We are Delhi based law firm.

Akash Gupta
Advocate, Gurgaon
66 Answers
2 Consultations

4.8 on 5.0

Second marriage is invalid without divorce decree of first marriage. If your wife (first) has ready to give divorce at that time both of you have to file mutual consent divorce before jurisdiction family court it will completion 7 to 9 months from the date of filing the MCD. All the best.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

If you are not divorced properly and marrying again this is called bigamy and is punishable under the Hindu Marriage Act read with IPC this is not advisable to go for marriage without getting record I was any point of time if it is disclosed then it will be a big trouble to you please avoid this

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Firslty, there has been a well settled law that you can’t marry without giving divorce to the first wife.

Secondly, if she is not coming then you should have filed divorce on the ground of desperation.

Thirdly, if she turns up then you may have to go in the jail also for the crime of bigamy under IPC.

Fourthly, and you would also have to pay heavy alimony which you may not give in case of divorce on there any ground.

Fifthly, you can’t even marry during the pendency of the court otherwise that would also amount to the bigamy.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Hello sir , legally you cannot remarry untill you obtain divorce from the first wife...It is advisable to file mutual divorce with first wife as it will take only 1-2 months ... Getting married without divorce may get you in trouble from both wife if they intend to take action in future..it's better to proceed legally

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

If you remarry without getting divorce to first wife, you would be in trouble. It is a criminal offence. However, it is more than 2 years, your first wife is not coming back. Talk to them and arrive at a decision for taking divorce with mutual consent. In mutual consent, a joint petition is filed before the Principal Judge,Family Court that is called First Motion and after six month Second Motion is filed. Now, SC has given a judgement that if you are living separate for more than 2 years and there is no reason to wait for six months, section motion is given within 15 days of passing the first motion. So, it is better to settle the terms with first wife, move a joint petition and the problem would be over for you and for your first wife. Otherwise, you may be in big trouble. Your second marriage would be illegal.

Dalip Singh
Advocate, New Delhi
1040 Answers
36 Consultations

5.0 on 5.0

Your question: how much time will it take to get divorce decree?

Answer: This should minimum 8 months and maximum 2 years;

Your question: Can i get married again without filing divorce.

Answer: No you cannot, since you are Hindu. It would be a criminal and punishable offence under IPC;

Your question: What if i do not publish it anywhere and my first never shows up?

Answer: It is a risky task doing what you plan to do. It is better you file for divorce and maybe the court can expedite and finalise the divorce within 6 months;

Your question: What if i get married again and my first wife shows up after that

Answer: Then she gets the advantage and can file 'n' number of cases against you under DV Act, 498A of IPC, plead for divorce, seek maximum amount of maintenance etc.;

This is my response to you:

1. File for divorce;

2. Obtain the decree;

3. Then after 6 months remarry the new partner you have.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. No you cannot and should not get remarried without filing for and obtaining Divorce.

2. Your second marriage will still be void-ab-initio that is void from the very inception.

3. She can really make your life miserable, blackmail you, make you pay alimony through your nose etc.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

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