obtain decree
Rajan Shashikant Patel
(Querist) 17 July 2015
This query is : Resolved
I and my wife , are living saperate from 12 aug.2014 , we have registered devorse deed ( mutually ) in sub-ragistrar office , on 12/june/2015 under hindu marriage act . Now my questions are
1- is it compulsory to get decree from the court ? ... if yes ... when shall we can file for decree in the court .
2- without having decree , can I get married to another woman. ?
3 - if my wife don't agree for decree process , can I go for one sided decree and when ?
Plz. Guide me.
SAINATH DEVALLA
(Expert) 17 July 2015
Yes, the second marriage is illegal.
You should obtain the divorce by mutual consent through court.
The notorized divorce deed is not a valid divorce decree and thus the marriage is not dissolved.
Rajendra K Goyal
(Expert) 17 July 2015
For divorce legally, court decree is necessary.
Try for mutual consent divorce which may take minimum six months.
M/s. Y-not legal services
(Expert) 17 July 2015
the divorce deed has no legal validity.
1.surely you have to get divorce through court only. you can file at any time..
2. yes. without getting divorce decree you can not marry any other. it is illegal, also liable to punishment.
3. if she not agreed for divorce proceedings mean you have no other option but to contest the case.
