Divorce and re-marriage

Yes, the second marriage is illegal.

You should have obtained the divorce by mutual consent through court.

The notorized divorce deed is not a valid divorce decree and thus the marriage is not dissolved.

sub registrar office on what basis it was stamped because court after hearing both the parties pleas and will finally if divorce requires then only court will grant you divorce even now you can take mutual consent divorce from your first legal wife 

Dear friend,

Your second marriage is an illegal one and you can be prosecuted for the Bigamy under IPC, your defence that you got the divorce papers signed by the Sub Registrar Office can not defend you any more as ignorance of Law is no defence.

You have to obtain a court decree of Divorce before re- marriage.

I surprise how a Sub-Registrar office can issue a divorce papers. I presume some of the Advocate whom you hired for the purpose has misguided you. Notarized divorce agreement is not at all a valid document to dissolve your marriage.

You are advised to go for the Mutual Divorce petition as it is the fastest and less expensive way to obtain a decree of divorce.

ok so if i got for mutual consent divorce with my first wife, how much time does it take into court ? once i have the decree i can produce it into the court tohjustify that my intention was never to hide information. Infact while submitting re-marriage form i have ticked 2nd option ( for divorced ),indicates i have not hidden information about previous marriage along with that sub-registrar document right....is this what should i do now

nothing more to add          

In my opinion, the second marriage is not illegal and that bigamy does not attract for the simple reason you do not have any intention of hiding subsisting marriage and het remarried.   In fact, you have got divorcee deed, tough legally it is not valid, intensions were there to take divorce.  Similarly intensions from both the sides for remarriage.   If atll child is begotten, the second marriage does not become illegal only for the fact that there was intention to get remarried and it was carried on.   There was no intention of cheating.   This is ignorance of law.     One cannot get awat with the second marriage just because earlier divorce was not legal proper, etc.

 

Now there is way that to keep the records, legally correct, you contact yor earlier wife and tell her to go for Mutual vonsent divorce by filing it before proper Court. i.e. Family Court or District court, it will take 6 months from the date of filing.

 

Nothing to worry, this situation comes because of ignorance of kowledge  not on the part of the layman like you but n the part of the lawyer....

 

There is a Supreme Court case law,  party cannot suffer for the lawyer's mistake

 

Anamika Vichare

Advcate, High Court

Family Court, Bandra

Mumbai

Purush Hakka Saurakashan Samittee

anamika_vichare@rediffmail.com

I disagree with Anamica Vichare. Without proper court decree for divorce, no other means of divorce are legal and second marriage is void which attracts provisions of Section 494 IPC.

Sub-Registrar has no authority to register such document, if done without jurisdiction and  no legal sanctity.

Uday has mentioned that he married and then again asks “How can i get marry with their daughter without divorce decree”

If you have already married, a case of bigamy can surely be filed on you,no questions on this.

Agree with Anamika,there was no motive to hide the earlier marriage nor was the deed (though not valid in court) obtained by fradulent means.Though ignorance of law is not pardoned ,I’m sure that the court is going to take a lenient view in your case.

Goes without saying is to track your former wife, keep the channels of communication open,if she has already married then it becomes more easier for both of you to legalise your deed by court.

BTW, why is your second wife not opposing her parents?Has she become party to this case?

well my first wife got married again...its been 3 years. I recently got married with julie (she is also divorcee), but her parents never wanted her to get married out of mumbai. I am HR manager with IT MNC at ahmedabad.I and Julie falled in love through shaadi.com nd got married (she ran away from mumbai to ahmedabad and got married with me). She had divorce decree, i also had (but notarized document from sub-registrat office signed by gazetted officer equivalent to judge right. So while applying for re-marriage form, my lawyer said this document is sufficient although it is not divorce decree from court. We ticked ( "divorced" box into the form and submitted both of our divorce decree and my divorce notarized document. Now Julie's parents took her back to mumbai on  the pretend that they will send her back to ahmedabad. But immediately after taking her back, they  snatched away her fon, her email / fb / gmail passwords and stopped our communication. Its been 5 months, we re not in communication. They have washed away her mind nd now girl is also against me. They want divorce nd convinced Julie for that. They do not have shy to let her daughter marry 3rd timee !!! Such rascal parents !

 They re threatening me to file criminal against me that i got married with her without divorce decree ..now how can i prove my self genuine

I fully agree with the views of  learned Advocate Ms. Anamika Vichare on the subject issue.  It is not late that even now the author can get his first marriage divorced through mutual consent subsequent to which all the related problems will be solved.

Without the Divorce certificate of the first marriage second marriage is void and punishable by law..

1. Your notarised divorce on stampt paper is nothing but a scrap paper,

 

2. Your 2nd marriage is ilegal,

 

3. Get youself divorced properly through Court decree.  

ok i will try to contact my first wife and get proper divorce decree through court. but it will take atleast 6 months from the date i file right. what if in between my 2nd wife's family for crimical case against me about bigamy ? i will be in defaulter right

my name is triveni i got married with my mothers brothers 7 years back now iam asking for divorce due his harrassment and he made me house arrest and always blaming and making me torture And now i cant even go to police station and give complaints.wat is the procedure.i have asked my friend to send u this msg for help