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Biswajit shah   11 August 2024

Divorce after wife ran away

I got married in 2022 my wife ran away 1 month after our marriage we didn't had any physical relationship...she refuses to comeback . Can i marry again without having to divorce her legally??



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 7 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     11 August 2024

No.  Without getting a divorce, you cannot remarry.

1 Like

Biswajit shah   11 August 2024

Even if we didn't had court marriage???

T. Kalaiselvan, Advocate (Advocate)     11 August 2024

You cannot marry another person during the subsistence of your marriage.

Whether your currtent marriage was registered or not but if it has been solemnised properly following the religious customs and rites, then it is a legally valid marriage.

If you still go ahead with your proposed marriage then it will be considered as a bigamy offence  and the punishment will be imprisonment for  7 years or more for this offence

Biswajit shah   11 August 2024

Thankyou so much sir ..

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     17 August 2024

The offence under section prohibiting bigamy in not a cognizable offence. In any non-cognisable offence the aggrieved party should file a case. In order to file a case the person filing the case should have a locus standii. The only person having locus standii is your first wife. Is she likely to file a case against you? If she is not likely to contest you can marry a second time. But in due course if any property right or any other rights of a wife comes up your first wife can make claim. There are many Radhakrishnas, particularly in the film industry, because the Rugminis do not contest or make any claim.

Biswajit shah   17 August 2024

There's is a high chance she will file case against me.. once she left i tried to convince her to comeback.. but she is not willing to comeback.. and she is asking her marriage expenses for a mutual divorce.. what should i do??

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     18 August 2024

You can file a case for restoration of conjugal rights and next file for divorce if she does not respond.


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