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Gilly (xx)     19 April 2012

Is marriage still valid

Dear Sirs,


One of my friend is married to a girl according to Special Marriage Act but they haven't lived together for the last 8-9 years I guess. Is that marriage valid? As I know they just signed only in the papers and didn't even see after that. As he, my friend works in Bangalore and the girl lives in Mumbai. They just met 3 years back from now. They really don't know how to go about this. Because they are no more loving each other as they realised now. Is this marriage still valid and stick to this institution of marriage? or they can marry anybody of their choice?

Please guide!

Thank you!

Gilly



 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     19 April 2012

marriage is valid till itz declared as null and void by the civil court or till marriage is dissolved by the order of the civil court.

Deepak Nair (lawyer)     19 April 2012

The marriage is still valid. They are required to obtain the decree of divorce through proper channel.

As both of them are not desirous of living together, it is advised to file a petition for divorce by mutual consent.

Guest (Guest)     19 April 2012

The marriage is still subsisting. Neither spouse can marry again unless the marriage is dissolved by a decree of divorce. Anyone who contracts a second marriage during the subsistence of first marriage is guilty of the offence of bigamy. If they are willing to separate their ways, let them file for divorce by mutual consent.

JANAK RAJ VATSA (ADVOCATE)     19 April 2012

the marriage remains valid unless and untill it is declared null and void by the family court. since both of them have no love lost for each other, it would be preferable that they seek mutual divorce from the court and obtain the decree. thereafter they would be free to marry anyone of their choice


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