Divorce

@ Shiva

Hindu Marriage Act is different to  Special Marriage Act be sure which Act is applicable in their case.

Ans:

1.can he marry another girl in this time?

No, they are legally wedded husband and wife i.e., not yet dovorced, it will attract the provisons of bigamy.

2:if not what are the possibilities to get married?

On proving bigamy may land up in jail upto 7 years

3:if he does it what are the future problems that he face? As above

4:if he marry another girl, what are the possible issues that his old wife can do? Same as above

5:if she makes such problems, can he fight against that with the help of present face that she created? 

Which problem are you referring?

The reply to your questions:

1:can he marry another girl in this time?   No, when his previous marriage subsists, another marriage in the mean time will be invalid and null and void in law.

2:if not what are the possibilities to get married?:  Get proper decree of divorce from her through court of law and then venture into the proposed second marriage.

3:if he does it what are the future problems that he face?:  Besides his marriage being treated as null and void inl law, he will be deemed to have committed an offence of Bigamy which, if proved, can be imprisoned for upto 7 years in jail.

4:if he marry another girl, what are the possible issues that his old wife can do? Refer 3 above.

5:if she makes such problems, can he fight against that with the help of present face that she created?: No he cannot claim excuse under the pretext of her own activities, he has to obtain divorce legally from her and then only he can proceed further. 

Since he has already faced a disappointment due to mutual divorce debacle, he can file a fresh divorce petition on the grounds of her adulterous life, cruelty, desertion etc., this time if she prefers to not to attend the court even after receiving the summons, he can obtain exparte decree of divorce and after a cooling off period of 3 months from the date of the said exparte judgment, he can go ahead with the proposed second marriage.

1:they married under special marriage act.

2:my friend, he is not interested to go behind the case of bigamy.

3:sir,is it necessary to go with the divorce procedures for marry another girl? iam asking you because of, she married another guy and also  they have one child.they are planning to settled abroad.

4:if my friend n his old wife is ready to make an agreement like, she married another guy with her full involvement and she will not make any issues in future regarding money and other assets of him. is it have any possibilities???

The wife of your friend glaringly committed fraud over the Special Marriage Act and punishable by law. But, even such a position if your  friend wants to marry again he shall have to file Divorce case against his wife on the ground  of her second marriage committing fraud over the statute.  On receipt of the divorce order from the court of law even if it is an ex-parte order  your friend can remarry again.  Allegation  against his wife for Bigamy will not be maintainable in such a case where proof of religious marriage is in existence..

I agree with experts

dear Shiva12345

 Marriage (also called matrimony or wedlock) is a socially or ritually recognized union or legal contract between spouses that establishes rights and obligations between them, between them and their children, and between them and their in-laws.^[1] The definition of marriage varies according to different cultures, but it is principally an institution in which interpersonal relationships, usually intimate and s*xual, are acknowledged. In some cultures, marriage is recommended or considered to be compulsory before pursuing any s*xual activity. When defined broadly, marriage is considered a cultural universal.

Dear, the marriage without getting divorced from existing spouse is illegal. The marriage of a girl is also illegal as she has not obtained divorce from your friend and her new marriage will be considered as void.

But, dear your friend cannot marry without obtaining decree for divorce.

After getting divorce, there will no bar over your friend to get married. He can marry with anyone.

If he marry without divorce then his marriage will be void.

Your friend can file a case that the marriage of the girl is void and she cannot be married without getting divorce from you.

Regards

Isha Bhardwaj

09555507507