• Can I remarry

Hello Everyone,
I am a 28 years old woman and I got married to a guy 10 years ago in a temple in some very dramatic circumstances. 
We didnt get our marriage registered except few pictures of marriage in temple. 
Now the person with whom I got married is gone for alnost more than 6 years straight and I have no news about his whereabouts. Lately I got to know that he got married to another girl but I am not sure of this news. 
Now I wanna marfy again. Can I remarry without filing any divorce. 
The last I enquired about this I came to know if spouse is missing for 7 years or more one can remarry. kindly confirm.

What other option do i have to get out of this dilemna. 
Thank you
Asked 3 years ago in Family Law
Religion: Hindu

3 answers received in 10 minutes.

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35 Answers

1) You can wait for one more year and complete 7 years so you can file missing report from last 7 years and than can remarry accordingly law.

Ganesh Kadam
Advocate, Pune
12219 Answers
165 Consultations

4.9 on 5.0

If you get married again without taking divorce from your first husband, the second marriage would be void as per law.

You can file for divorce and since your husband has remarried, he wont appear and would be proceeded exparte. After getting a decree of divorce from a first husband, you can proceed to get married legally where in the marriage would be recognised.

Siddharth Jain
Advocate, New Delhi
5820 Answers
88 Consultations

5.0 on 5.0

Mam, first of all even in case spouse is missing for 7 years a decree of divorce from.court us requured, it is not so that on completion of 7 years you can marry without any divorce.

Now for your situation if there are witness and proof of marriage in that case go for divorce in court on ground of desertion if not than yes you can remary also if the person has remarried there won't be any issue.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
149 Consultations

5.0 on 5.0

You cannot remarry during subsistence of earlier marriage

2) only after obtaining divorce can you remarry

Ajay Sethi
Advocate, Mumbai
84937 Answers
5618 Consultations

5.0 on 5.0

1. Marriage performed as per prescribed Hindu rites and customs is very much valid and non registration of it does not make the marriage invalid.

2 So since the marriage was validly done you need a decree of divorce to dissolve it through lawful means and remarriage without the decree of court would make the second marriage a crime.

3. So your husband has done bigamy us 494 IPC for which you cna lodge complaint with police.

4. Now if you do not have proof of your marriage and do not wish to spoil his life either then you may not lodge complaint either.

5. And since he has already remarried it is likely that if you also similarly remarry he will not lodge complaint or challenge your marirage. So if youa re ready tot ake that risk then you cna remarry and the turtyh will remain buried for ever.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
366 Consultations

5.0 on 5.0

If is not available as of now and if does not have evidence against you that you had married with him than you can proceed with second marriage.

Ganesh Kadam
Advocate, Pune
12219 Answers
165 Consultations

4.9 on 5.0

Best option is to file for divorce by mutual consent

Ajay Sethi
Advocate, Mumbai
84937 Answers
5618 Consultations

5.0 on 5.0

See legally if you have married you have to take divorce from him but in alternative when he has already married and no record registration of.marriage you can marry.

The only issue can arise if he has not.married and based on some proof of marriage he file against you.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
149 Consultations

5.0 on 5.0

Only you can remarry only if you have court order that he is missing for 7 years and he is considered dead otherwise hindu marriage act section 7(2) prevails and you need to seek divorce which is mandatory.

The marriage by the guy elsewhere is invalid, null and void as per law

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Yes. If for 7 years your are totally unaware of your spouse then you can remarry. But it will be better if you file petition for divorce on the ground of non treaceability of spoyse for 7 years. Court will grant divorce. The divorce decree will be helpful to you if he in future comes back and object your remarriage.

Abhilasha Wanmali
Advocate, Nagpur
970 Answers
1 Consultation

4.8 on 5.0

You still have to take a decree of divorce, even if you have never resided together.

Siddharth Jain
Advocate, New Delhi
5820 Answers
88 Consultations

5.0 on 5.0

no you cant remarry during subsistence of earlier marriage . better apply for divorce . you can get exparte divorce if husband dosent contest .

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
31 Consultations

4.5 on 5.0

1. YES, you can remarry, PROVIDED the first marriage was not registered in any way and that earlier Husband is missing.

2. You will need to lodge proper police complainit that Husband is missing since 6-7 years and using this Police Report, you will be able to remarry, this time legitimately.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5570 Answers
25 Consultations

5.0 on 5.0

Go for divorce on the basis of disappearance of spouse for 7 years.

Court will grant divorce to you are for last 7 year you both have no contact as well as any kimd if relationship.

It will granted in limited time as your spouse will not be present to comtest the suit. It will be an exparte suit.

Abhilasha Wanmali
Advocate, Nagpur
970 Answers
1 Consultation

4.8 on 5.0

Laws says wife can file where she is temporary or permanently residing

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Your virtual presence through Skype is sufficient

You not remain personally presence

3) Execute POA in favour of family member

Ajay Sethi
Advocate, Mumbai
84937 Answers
5618 Consultations

5.0 on 5.0

Alternatively, you can file desertion case on him and send notice to him last known address.

You will get ex-parte divorce and then you can marry

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
31 Consultations

4.5 on 5.0

As of now Divorce case has been filed or not or your case is running in Patna court.

If he had transferred for this case and later disappeared from last seven years than you can inform to court and get re married.

Ganesh Kadam
Advocate, Pune
12219 Answers
165 Consultations

4.9 on 5.0

You can file for contested divorce on Grounds of desertion and if your husband can doesn't appear, he will be proceeded exparte and resulantly, ex Parte divorce would be granted to you

Siddharth Jain
Advocate, New Delhi
5820 Answers
88 Consultations

5.0 on 5.0

Mam file divorce where you both last resided together even for a month serve notice on the known address if he doesn't recieves notice doesn't reverts court shall grant you exparte divorce.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
149 Consultations

5.0 on 5.0

You need to get a divorce, on the ground that your husband has been missing for around 7 years now.

Thus, you need to get a proclamation as to his civil death before you remarry.

Vibhanshu Srivastava
Advocate, New Delhi
9350 Answers
219 Consultations

5.0 on 5.0

Still you need a proclamation as to the civil death of your husband from whom you have not heard for about 7 years now.

Vibhanshu Srivastava
Advocate, New Delhi
9350 Answers
219 Consultations

5.0 on 5.0

1. You cannot remarry without obtaining a decree of divorce from court.

2. There is a presumption of death of a person it he is not heard of for a period of 7 years by a person who would normally have seen or heard about him. After the lapse of seven years, only and only death could be presumed by the court. However, you cannot seek a declaration of death as time lapsed is less than 7 years.

3. You may file a petition for divorce on the ground of desertion as your spouse has abandoned you for more than 2 years..If he does not come to contest your case then court will eventually grant ex parte decree to you.

Ashish Davessar
Advocate, Jaipur
30752 Answers
923 Consultations

5.0 on 5.0

Dear Client,

Even if person missing for seven years, no automatic divorce, Court decree necessary.

When no one witness of such marriage and separated ties, no proper rituals followed, such marriage is sham.

If no divorce case filed, than relax.

Can marry. - nothing like remarry.

Yogendra Singh Rajawat
Advocate, Jaipur
21452 Answers
31 Consultations

4.4 on 5.0

This is my response to you:

1. Since you performed ceremonial rites regarding your marriage therefore you will have to seek a procedural divorce;

2. You will need to find him, or send divorce notice to his last known address;

3. Without taking divorce it will be difficult for you;

4. If you do not about his whereabouts for more than 7 years straight then atleast seek ex-parte divorce;

5. Once ex-parte divorce decree is granted you are free to remarry.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Hello,

maam if you are sure that he will never create a problem if you re marry then you may go ahead and do a marriage.

otherwise, it is advised that you get the divorce and then marry other person.

Anilesh Tewari
Advocate, New Delhi
17870 Answers
344 Consultations

5.0 on 5.0

The 7 year rule applies to consider a person to be dead in case no whereabouts are found in 7 years.

File a suit for annulment of the marriage

Anilesh Tewari
Advocate, New Delhi
17870 Answers
344 Consultations

5.0 on 5.0

I would advise you to file a suit for annulment of marriage and then consider a re marriage. The same will take a year to get decided.

Regards

Anilesh Tewari
Advocate, New Delhi
17870 Answers
344 Consultations

5.0 on 5.0

You need to file for divorce before remarrying. Even though you may not have registered the marriage, you are still married to him under Hindu rites and customs.

Also, now that he is untraceable, you may file for divorce at the jurisdiction of the place of your residence.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

answers are many. How to believe whether marriage was solemnized?

Ramachandar Desu
Advocate, Bangalore
23 Answers

Not rated

Respected mam ....

You have options available just take a divorce decree from court if doesn't appear court will grant you an ex party decree...That will make your side safe if he appears in future ...Just apply and file a divorce petition under section 13-A of HMA court will grant you divorce soon ...

Thank you

Dinesh Sharawat
Advocate, Delhi
1253 Answers
12 Consultations

4.9 on 5.0

A man missing complaint should be given.

The police should give a non traceable certificate.

You have to file a declaration suit to declare your husband as civil dead.

For this he should have been notified to be missing for more than7 years by the person who generally known to be associated with the missing person.

Instead of undergoing such a strenuous exercise and wasting time, you may better file a divorce petition on the grounds of desertion.

You may send the summons to him to his last known address, let it be returned undelivered you can get it published through newspaper and get an exparte divorce easily.

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

Divorce on the grounds of desertion is the best option before you.

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

If you still live in Chennai you can file divorce case in Chennai itself.

You can consult an advocate and proceed as per his advice.

Don't do the mistake of remarrying without dissolving the subsisting marriage by a decree of divorce.

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

1. I do not find any issues in re-marrying when your previous marriage was not registered.

2. I suggest you to issue legal notice to the person whom you claim the marriage was happened in temple.

3. You do not need divorce as long as the person approaching legal to claim the marriage.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

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