Indian Divorce Act
sandykrish
(Querist) 15 November 2014
This query is : Resolved
Hi Ld Members, I have got a proposal from a hindu girl who had got married to a christian in her previous marriage. The girls parents are claiming that she has divorce degree. I verified tha fact in court records, they have got the judicial separation under section 22 of Indian Divorce Act that too a exparty order;
My questions are;
1. Is judicial separation a divorce under christianity?
2. If yes how do we execute the expartee orders for the second marriage.
3 if the previous husband come to know about second marriage he might raise an issue and set aside for revrrsal of decree.
Devajyoti Barman
(Expert) 15 November 2014
1. No, it is not. The lady is still married with her husband.
2. Unless and until she gets decree of divorce the 2nd marriage will have no force.
3. Both of you then may be criminally prosecuted u/s 494 for bigamy.
ajay sethi
(Expert) 15 November 2014
1) no it is not divorce decree . judicial separation does not amount to divorce .
2) lady has to file for divorce from her husband . only after divorce remarriage can take place
3) if no divorce is obtained husband can file case of bigamy against you and his wife
Rajendra K Goyal
(Expert) 15 November 2014
Well advised, agree with the experts.
