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pawankumar (clerk)     20 April 2010

deed of divorce by mutual consent

hi. It was 10 years back when i got separated from my first wife. I got married very early at the age of 21 (yr 2000) becoz we were facing lot of restrictions coming from both the families, mine and my 1st wife's parents. Within a year we separated as we both had lot of family pressures asking us to break up our relationship. As our parents wanted it to happen quietly without letting any of our relatives to know it, in 2001 we consulted one lawyer who just made some papers called DEED of divorce by mutual consent where its written we have deserted each other forever and there is no matrimonial relationship between us. also the marriage is dissolved and some other clause...

After a year in yr 2003 i got married to another girl, my second wife. Now its 8 years to our marriage we have a 3 yrs kid and we both want to file for divorce by mutual consent (legally i think 13 b where we ve to wait for 6 months and all).

My first wife also got married after couple of years.
since i am filing for divorce 2nd time now, will they go through my past records of the previous marriage. and how the previous marriage can be completely dissolved or there is no need to dissolve it now as tat deed is legal. i have no idea about it if first divorce filed (deed) is legal. If not wat can be done now as me and my first wife are not together and living our lives with our partners.

I ve no worry about this 2nd divorce ..just worried about the first deed of divorce that we, means me and my first wife went through right way or not.

 

Please suggest....



Learning

 1 Replies

R.R. KRISHNAA (Legal Manager)     20 April 2010

A deed of divorce is not the proper way to divorce.  Only through a formal court order divorce is permissble.  On such legal factors your first marriage is still deemed to subsist and it is legally an offence on your part to have contracted second marriage.  Your first wife is also accountable for the offence for marrying when her first marriage with you was not properly dissolved.  In the result  the second marriage done by you and your first wife are invalid.  In the eye of law you and your first wife are still a husband and wife.

 

As your second marriage itself is invalid in the eye of law there is no question of applying for divorce. 


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