I would like to know if an Indian citizenship who holds a PR status of a foreign country like USA or Canada re-marry without divorce from India??
If not what are the other options one can look at, settling with his partner in USA or Canada if he has already has been living with her from past 2 years in India but will re-locate abroad in the next couple of months
Also can he file for divorce when abroad?
Asked 3 years ago in Family Law from Jodhpur, Rajasthan
Without divorce second marriage is an offence under section 494 of ipc.
He can be live with her as live in relationship only.
He may file a divorce petition before family court through power of attorney holder.
Advocate, New Delhi
1. You can not remarry without obtaining the decree of divorce from your wife,
2. Live in relationship also will be traeted as an act of adultery punishable with jail term, should your wife lodges complaint against you in this regard.
Hi, you can't solemnize second marriage without giving divorce to first wife and if men and women living under one roof as husband and wife and even though the marriage has not taken place they will be treated as husband and wife.
1. u cannot re-marry without getting divorce, from first wife, by court order.
2.u can file divorce petition in india from abroad through POA.
3.live-in relationship is at ur own risk as legal remedies are very remote for it.
Advocate, New Delhi
It is illegal to marry without divorcing the first spouse that you are now married to as it will attract penal action if your spouse approaches the court and the police.
It would not be possible to file for divorce while abroad through your POA. Once you file for divorce in person in India, you can appoint a POA to represent you in future proceedings in the court.
You will need to appear in person at the time of evidence again.This would be the case especially if the divorce is a contested divorce.
If you can get your wife to consent to a divorce you can file for a mutual consent divorce and obtain divorce in about 6 months.You need to be present in court in person at the time of filing the petition and on the day of order, which will ordinarily be about 6 moths later.
No country in the world except which are religion bases allows a person to keep more than 2 wives.
Unless you get divorce from the first wife you can not keep another partner with you legallly or illegally.
Since you are going to stay in abroad do not take the risk of violating the laws of this land or the foreign one.
if one want to remarry only legally valid option is to divorce present one. one can do it through POA if living abroad
Advocate, Greater Noida
If you want to marry with another woman then first of all give divorce to your wife because it is pre condition that at the time of marriage both parties must be unmarried. Solemnize second marriage by concealing the fact of your first marriage ( if you legally married ) is an offence and punishable under section 494 of IPC. It does not matter that marriage is solemnized in India or abroad. If an act is an offence if it is committed in India then it is also an offence if it is committed beyond India by Indian citizen .
without giving divorce you can't solemnized second marriage by renouncing Hinduism because a person can't take advantage of religious belief for his malafide intention and it is not permitted by any religion of the world.
1)second marriage during subsistence of earlier marriage is null and void . Section 17 HMA says that any marriage between Hindus is void if on the date of such marriage, either party had a husband or wife living. The same is punishable under Section 494 and 495, IPC.
2) if husband has been having a live in relationship with the lady his wife can file complaint of adultery against him under section 497 of IPC punishable with imprisonment upto 5 years .
3)file for divorce in india . even if you relocate abroad you can give POA to relative to attend proceedings on your behalf .it would be necessary only to attend court for giving evidence and for cross examination
You can get marry without divorce if you do so you can charged for bigamy and adultery and for cheating. Yes he can file a divorce case and go if he can't come for evidence he can give through video conferencing
1. Remarriage without divorce renders the second marriage as bigamous which is an offence not only under the Indian law but also the law prevailing in US and Canada. It carries an imprisonment of up to 7 years.
2. If you married in India and your wife is a citizen of Indian living in India she can file criminal charges against you India whereupon you will be obligated to appear in Indian court and contest the case. Your failure to appear will result in a warrant of arrest being issued against you which can be enforced through the Indian High Commission in US or Canada as the case may be.
3. Apply for divorce first and then think of remarrying.
4. Divorce has to be, in the circumstances narrated by you, filed in India. You do not have to personally appear in the Indian court on every hearing as the presence of your lawyer shall suffice except on the date of your testimony.