• About separation

In 2010 i have done registry marriage with a Muslim girl as per Special Marriage Act. We just registered legally but never live together and due to extreme family pressure (as we were from different religion) we have to end our relationship in 2012. She was married to a man of her own community since 2013. Now at age of 30 i have decided to marry a girl this year. What i have to do now?? Any legal obligation to marry my to be better half??? Please help me in this regard.
Asked 6 years ago in Family Law
Religion: Hindu

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27 Answers

you need court orders for dissolution of marriage 

 

file for divorce on grounds of desertion and cruelty 

 

3) if your wife does not contest you would get an exparte decree 

Ajay Sethi
Advocate, Mumbai
100017 Answers
8164 Consultations

See you have to legally seek divorce before marrying another girl. As per law it was registered marriage and you are already married.

If she married another person that is bigamy and punishable offence.

You have to file for divorce on ground of adultery since she is married again and seek divorce.

Also if you ended your relationship back then 2012 with court decree you can freely marry.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Actually you need to first divorce your existing wife before this marriage. Now again if you marry a new girl you cant do registration as this will be a illegal marriage. 

Prashant Nayak
Advocate, Mumbai
34695 Answers
249 Consultations

exparte divorce should take around a year or so 

Ajay Sethi
Advocate, Mumbai
100017 Answers
8164 Consultations

Hello,

File a divorce by mutual consent and just ask her appear before the court or else you can file divorce on the ground of bigamy. Before you proceed contact with the previous woman so that her marriage don't break down .

Regards

Swarupananda Neogi
Advocate, Kolkata
2995 Answers
6 Consultations

See if she contest or not ready for mutual divorce it can take 2-3 years to settle. Though you can ask for a mutual divorce from her it will be fast if she is not ready for same you have to file contested divorce and a case of bigamy.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

It will take 6- 7 months though you can file for waiving off cooling off period.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Mutual consent divorce takes around 6 months 

Ajay Sethi
Advocate, Mumbai
100017 Answers
8164 Consultations

Without divorce marriage is not valid. Even that girl marriage is void. Since both parties never reside together, MCD will grant in maximum six months.

For MCD her presence is must.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

6 to 8 months

Prashant Nayak
Advocate, Mumbai
34695 Answers
249 Consultations

1. How did you decide to end your relationship? Did you apply for and avail mutual consent divorce or any form of divorce?

 

2. If not ten you two are still considered as husband and wife as per law and she and her husband can be charged with the section of bigamy being section 497 of IPC  for which both of them can be punished with jail term for a maximum period of 7 years with fine.

 

3. However, for your remarriage, you and your muslim wife shall have to file a mutual consent divorce petition which will be disposed of within 6 & 1/2 months from the date of its filing.

 

4. After getting the decree of divorce, you can remarry as per your wish.

 

Krishna Kishore Ganguly
Advocate, Kolkata
27736 Answers
726 Consultations

Mutual consent divorce petition will be disposed of within 6 & 1/2 months from the date of its filing.

Krishna Kishore Ganguly
Advocate, Kolkata
27736 Answers
726 Consultations

1. Mutual consent divorce petition will be disposed of within 6 & 1/2 months from the date of its filing.

 

2. Both of you shall have to appear before the Court on the day of the 2nd motion to be fixed after 6 & 1/2 months from the date of its filing when both of you shall have to affirm that both of you want divorce.

Krishna Kishore Ganguly
Advocate, Kolkata
27736 Answers
726 Consultations

- Since you have registered your marriage under the Special marriage Act, hence as per law, she is your wife , till you get a divorce decree from the court. 

- Being a Hindu , you cannot do second marriage without divorcing the first one, even with her consent.

- Now, there are two ways to get the divorce for you.

- First, after filing a divorce petition on the ground of separation , bigamy, If she will not appear before the Court , then you will get an ex-parate divorce decree , and which is valid for all reasons after passing 90 days from the date of order.  It will take maximum one 6 to 12 months .

- Secondly, talk to her for a mutual divorce , It will take maximum 3 to 6 months time , if your lawyer will file an application for urgent hearing and for a prompt divorce in the court. 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
15863 Answers
243 Consultations

If she is married to another man and its more than seven years you both are living separately than no  need to apply for divorce. You can directly perform second marriage. As after certain time living separately and unknown to each other  you do not retain any relationship with your first wife.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You may file divorce on the ground of creulty. Her second marriage is null and void.

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

For mutual consent divorce  It takes two appearances before the court . First appearance is the first motion when you appear and record your statememt that you are agreeing on to a mutual divorce. Then you appear after 6 months for the second motion and the divorce is granted.

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

Even though your previous wife had married another person in between without dissolving the marriage between you both, the marriage between you both is still subsisting hence you may have to file a divorce case to get your marriage dissolved by a decree of divorce and after that you can legally marry your new choice.

 

T Kalaiselvan
Advocate, Vellore
90220 Answers
2507 Consultations

If she is not attending the court even after receiving the summons, then you can get an exparte divorce within three months from the date of filing the divorce case.

T Kalaiselvan
Advocate, Vellore
90220 Answers
2507 Consultations

Since you both have been living separately for more than eight  years, your mutual consent divorce petition can be disposed within 10 days from the date of filing.

 

T Kalaiselvan
Advocate, Vellore
90220 Answers
2507 Consultations

1. You have to divorce her by filing a petition under Special Marriage Act.

2. Remarriage without divorce is tantamount to bigamy which is punishable with imprisonment.

3. You ought to disclose to your would be your true marital status.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

Mutual Consent Divorce takes just 6 months.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

1. You need to take divorce from your first wife if you want to marry again till then the marriage of your ex is also considered null and void.

2. Mutual consent divorce will take 6 months.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

She married but she committed an offence of bigamy and she can be punished for it. You should take divorce from her othwrwise you may be punished.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

It will take 6 months or so.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You should file it in court but she has also to be present in the court.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Sir,

What is the procedure for divorce when there is mutual consent?

 No grounds are required to be given if divorce is by mutual consent.· 

The husband and wife should remain in the relationship and stay

  • separately for the preceding one year before giving a joint application. The judge will issue a notice after six months intervening period.
  • If the couple do not change their mind after six months and still seek
  • divorce, the same shall be granted to them.

Divorce by Mutual Consent is the fastest, cheapest and most stress free way of getting Divorce in India. It can take between six months and eighteen months from the date of the filing of the Mutual Consent Divorce Petition.

 

How much time it will take for Mutual Consent Divorce?

Divorce by Mutual Consent is the fastest, cheapest and most stress free way of getting Divorce in India. It can take between six months and eighteen months from the date of the filing of the Mutual Consent Divorce Petition.

After filing the Joint Petition (First Motion), get their statement recorded on oath, then the court grants 6 months to couple to reconcile or reconsider their decision which is know as cooling-off period.

If both parties are not able to reconcile their differences within 6 months, they are required second motion after 6 months but, it has to be before the period of 18 months, the Court will hear both parties. The Court, on being satisfied and that the averments made in the joint petition are true, shall pass a decree of divorce declaring the marriage to be dissolved.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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