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About marriage

(Querist) 12 January 2014 This query is : Resolved 
Dear Sir,
I have a friend and he is married .He have a 13 years old son. But after birth of his son my friend have no physical relation ship with his wife and his wife is living separate.
Now my friend want to marry a another girl. That girl is also married but she is living separate.
Means Neither my friend is taken divorce nor his girl friend taken divorce,
so in such condition what is the best idea to get them a happy marriage life .Please suggest.
ajay sethi (Expert) 12 January 2014
both should file for divorce . your friend should file for divorce from his wife .

similarly his girl friend should file for divorce from her husband .
raj kumar choubey (Querist) 12 January 2014
Dear Mr Ajay,
Is it possible that can they get married before divorce and after some months they file divorce
ajay sethi (Expert) 12 January 2014
no sir . they cannot marry before divorce . both are already married . such a marriage would be illegal as no marriage can be performed during subsistence of earlier marriage .
raj kumar choubey (Querist) 12 January 2014
Dear Mr Ajay,
I have some queries can you suggest me ?

1. Can they file divorce in any where in India ?

2. Can they register marriage before divorce ?

3.If they can register their marriage before divorce within how many days they can get registered ?
ajay sethi (Expert) 12 January 2014
you better contact a local lawyer . they can file for divorce where the marriage has been solemnised or where parties are residing . it cannot be filed any where in india .

as already advised you need divorce before remarriage .
raj kumar choubey (Querist) 12 January 2014
My query number 2 resolved. Thaks
raj kumar choubey (Querist) 12 January 2014
Thanks & Regards for your valuable suggestion.
ajay sethi (Expert) 12 January 2014
thanks for your appreciation
Devajyoti Barman (Expert) 12 January 2014
Yes, rightly advised that without divorce you can not remarry.
R.K Nanda (Expert) 12 January 2014
agree with experts.
Rajendra K Goyal (Expert) 12 January 2014
Well advised by the experts, agree to it.
Rajeev Kumar (Expert) 12 January 2014
No need to divert from expert views.
raj kumar choubey (Querist) 13 January 2014
Dear Mr Rajeev Kumar,
I want to know your comments in brief in this matter please.
raj kumar choubey (Querist) 18 January 2014
Dear Mr Nanda,
Within how many days my friend get divorce ?

Can he marry after filing divorce ?
raj kumar choubey (Querist) 18 January 2014
Dear Mr Nanda,
Within how many days my friend get divorce ?

Can he marry after filing divorce ?
Devajyoti Barman (Expert) 23 January 2014
If it is mutual divorce then minimum time is six months.
ajay sethi (Expert) 23 January 2014
minimum 6 months maximum would be a year
V R SHROFF (Expert) 23 January 2014
both need to be divorced, then remarry
R.V.RAO (Expert) 01 February 2014
without divorce ,if one remarries , it legally affects his/her job also,and a punishable offence, if there is a complaint.

but a live in relation ship is possible since no legal side effects.

Elsewhere in LCI forums, i read about a muslim person married in goa but seeking divorce in bangalore , and some experts advised it is possible.

is that advice based on what sri ajay sethiji said above about 2 places where divorce can be fled "...can file for divorce where the marriage has been solemnised or where parties are residing.."

in other words, 2 places are acceptable where divorce can be filed?


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