- First of all let me know whether you got married under Special Marriage Act or either of you converted to other's religion and then the marriage was solemnized Under personal laws?
Remarriage without divorce
Hi, Myself christian and she is Hindu. Its a love marriage. The marriage is not registered yet and she is pregnant. She wanted to stay in her parents house for one week. So, I took her and after the week, she is not ready to come back telling that your religious things are always going at home. I don't want to come back and so on. She knows these things even before marriage. I tried my level best to convince her, But she is listening to anything. Their parents are controlling her to take revenge on me (revenge for love marriage). She is not understanding it. After all the struggles, I've decided to move on. What is the legal procedure to get rid of these problems? She was never made me happy in any aspects. So, I want to restart my life with another girl. Getting divorce is also not an easy job. They want to control me using their daughter and the baby. I clearly able to understand it. So, Please give me some legal advice. What should I do? I'm very upset and mentally disturbed by their parent's words and threatening calls. Thanks.
Asked 6 years ago in Family Law
Religion: Christian
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18 Answers
1) how was your marriage solemnised?
2) for valid Hindu marriage both parties need to be Hindus
3) you cannot remarry during subsistence of earlier marriage
4) you need to divorce your wife then remarry
See without getting divorced you cannot legally get married again it is criminal offence of bigamy. So you need to file a divorce on ground of cruelty against your wife.
1) You can go to counselor with your wife not now after delivery.
2) Meanwhile you can just accept their wording because you are going to become a father of a child.
3) Going for second marriage is not good thought as of now, because if you go for second marriage than you may need to pay alimony to your wife and child. And other legal harassment will be more.
Hi,
It is quite clear that you are suffering a trauma and difficult to get out in near future. But legally, it is not better to go for marriage because they may create more problems. It is therefore suggested to file criminal complaints for act of threatening and you also take recourse of court to call her back. It will make you safe in eyes of law and then you may think to go ahead for fresh restart of life. It is informed that your action against her to call back to you will be under special marriage act.
Thank you all for your answers @Netra 1. Marriage is not registered under Special Marriage Act. @Ajay 1. Marriage took place in church. Since, she is Hindu, many of the religious things are not followed properly. But, both parties agreed for the marriage in church. On the same day, reception took place on their place. 2. Its not a Hindu marriage 3. Since, the marriage is not registered under any law. Is it possible to announce this marriage is not valid? @Shubham 1. Could you please give more information/article about divorce on ground of cruelty? 2. What will be minimum and maximum duration to get an divorce? 3. If I do file a divorce in that way, what if they file a false complaint against me like harrasement, dowry or something like that. Is it legally safe for me and my family to proceed like that? @Ganesh Kadam Sir, sorry for that thoughts. But, I’ve tried my level best to convince her. The way they (she and their family) are treating me is very insulting. I asked her, “How can I able to love you if you people are treating me like this?”. She told, “that’s how we will treat, if you don’t like, go and file a divorce, and we know how to drag it. do if you can”. After all these statements, I don’t think that I can live with her after delivery too. That’s why I came to this hard decision. I was never allowed to talk to/see her. @Ganesh Singh Sir, the below link is broken. Could you please share the correct one? https://www.kaanoon.com/indian-law/special-marriage-act/
Asked 6 years ago
Dear Sir,
It is better to file divorce application and try to get ex parte divorce decree by hook or crook. Then immediately get marry after appeal period is over. It will be a lesson to her.
Your marriage is not valid as your wife was Hindu at time of marriage
file petition for declaration that marriage is nullity
See since your marriage is as per christian customs and the marriage can be considered valid as per the Indian christian Marriage act as in same if any one party is also christian then the marriage is valid.
So you can file divorce under section 10 Indian divorce act on ground that she has insulted you, she has left and not returning back, not following marital duties all amount to cruelty.
1) You can give divorce to her as per Christian and Special marriage act.
1) Sir, marriage under personal laws (Hindu or Christian) is not lawful as under the facts, you have not mentioned that she converted to Christianity prior to marriage.
2) So it's a marriage void-ab-intio. In simple terms, it's not a marriage at all. .
3) So your status, in simple terms, your status is that of an unwed person. So divorce petition, will be rejected on grounds that it wasn't a lawful marriage in first place.
4) However, you can file a petition for annulment of marriage. But this is not mandatory, as things stand now your status is that of an unmarried person
One more thing, as your status is that of an unwed person, you can very well marry again, without approaching courts. However, as already adviced, you are best adviced to get a decree of annulment
Dear Sir,
A. Remarry without divorce is considered as crime and shall make your second marriage null and void.
B. In-case your first marriage is not registered under any act, do get it registered on priority else she may registered a complaint against you of U/s 376 of IPC.
C. Try to solve the matter amicably.
Regards
Vivek Arya
If you want to file divorce you need to meet an advocate and discuss in detail and initiate the process.
Hello,
If the marriage was not solemnized under the special marriage act then the marriage is a nullity and you may file a declaration suit thereupon taking a declaration that the said marriage was null and void
Entering into second marriage during the subsistence of the first marriage is a crime and I would not advise you to do so, as the wife may file a case against you
You can get married till you Divorce your first wife. Else the second marriage is an offence of bigamy. You can file a Divorce. Mutual divorce will be ideal and speedy remedy other side is ready
1. Since the marriage is not registered under Special Marriage Act it is not even a marriage in the eyes of law.
2. You have to file a suit for declaration to declare the marriage void.
Since this appears to be a temporary problem, moreover your marriage was a love marriage, it would be too early or a hasty decision to decide about dissolving your marriage especially considering the infant child.
You may give her a chance to live with you by filing a petition under RCR by which you are legally demanding her to return to the matrimonial home.
Let she appear before court and say that if she wants to live with you or do not want to continue this marriage, after that you can decide about continuing the marriage or to dissolve the same by a decree of divorce through court of law.
Since the solemnisation of marriage cannot be denied, and also the fact that both belong to two different religions, it can be deemed that the marriage comes under special marriage act only.
Hence you can file any petition under the provisions of special marriage alone and not under Indian divorce act or Hindu Marriage act.