Is divorce needeed

You are seeking legal advice. Perhaps it may help if you shed some light on where this marriage was solomnised, temple, church, mosque ? In India or outside India. Is your husband alive , sane and capable of raising children ( not impotent )?  

If you dont obtain divorce and marry, that would constitute bigamy, something the Indian legal system does not appear to have tolerance for.

To educate myself on the ibid topic, I looked up India Kannoon and found a case that may befit your situation. If you proceed ahead with marrying someone, you may be charged under 494 IPC and get upto 2 year RI.

https://www.indiankanoon.org/doc/1063154/

PS:

1. I am not a lawyer or authorised to practice law. Dont based your decisions on my reply.

2. Your handle appears to be masculine ( sai ram ) and your descripttion is more manly ( stud). What are you trying to hide. Are you trying to dump a women and run away ? 

if you marry again without seeking divorce thanthe subsequent marriage would be void in the eyes of law. there also remains a chance that the person whom you married two years before may file any case of bigamy later so to avoid these situations its always better to seek divorce on mutual consent.

if there are sufficient proofs of first marriage, do not go for 2nd without legally dissolving the first one.

i wonder,

what allures the author to marry again and again ??

Even if the marriage s not registered, was it acc to hindu rites & ceremoneies?

U have to take divorce, factum of marriage cant be denied in the eyes of law

it is not necessary that each marriage solemnized is registered and your husband is having the Photos of marriage and it is necessary to dissolve the first marriage. so go for divorce first.

In India most of the marriages in Temples, Mosques and some in houses are not registered marriages.  But the legal sanctity is no way less.  Even if it's a non-registered marriage, you  are legally his wife and you cannot marry without going through the court procedures.  Please don't get into legal tangles and suffer.  Act wisely and live happily.

Hello Sir / Madam,

I seek an advise from you.. My friend is married to the person who was already married 5 years back with the Vedic tradition.. He and his ex-wife had filed an application for a divorce now, and she don't have any problem with their marriage.. But my friend's parents did'nt allow her to stay with him unless and until they did'nt get legally divorced..

They had already prepared a seperation text and the amount she requires per month on the stamp paper.. Can it work? if we get it notarised or something..

Will you please provide with some solution with which they can convince my friends parents, that there will be no harm for her in further life..

She is willing to stay with that guy.. Plssss... Help Out...

Thanks..

A person needs to have valid divorce decree given by the court before marrying again.

Second marriage without dissolving first marriage is void in the eyes of law.

@ Manisha Mengade, 

divorce can be obtained only from a competent court.

agreement on stamp paper is not valid divorce document. it can be treated as agreement to separate.

Thanks for your reply sir..

But will you please provide some suggestion for that newly married girl, for staying with her husband now.. Can't any advocate or registrar help her out from this? 6 - 7 months is a very long period for them to stay away.. Please Sir seek a kind advice from your end..

Please help..

 divorce can be had  with an agreement if thereis  a  custom  prevailing  in their comminity  to  do  so , whcih  is  saved by Hindu marriage  act  whether or not  sauch  a  custom  is  recognised  in thier  community  is  a  question  of  fact ,if  such  a  custom  is not  there  , it is mandatary  to  seek  divorce through  court 

 divorce can be had  with an agreement if thereis  a  custom  prevailing  in their comminity  to  do  so , whcih  is  saved by Hindu marriage  act  whether or not  sauch  a  custom  is  recognised  in thier  community  is  a  question  of  fact ,if  such  a  custom  is not  there  , it is mandatary  to  seek  divorce through  court 

@Manisha,

It would be wise to wait for 6-7 months.

will this agreement for separation help in moving the divorce case quicker?