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Chetan (NA)     25 July 2011

Marriage with married woman

Hi,

I am in love with the married woman and want to marry with her (By Register marriage), she is also ready to marry with me.

She is married with her husband accordnig to hindu rituals and performance but have not got registration of it. Is this marriage valid? In this case Does she needs to file divorse and seprate with her husband before marry me OR we can marry without wait for their divorse?

Please guide me for the best way to marry her as per law.

Thanks,

Che?tan



Learning

 9 Replies

**Victim** (job)     25 July 2011

@ Chetan even if her marriage were conducted according to hindu rituals it is still considered valid and she has to dissolve her marriage first before she remarries u. If she marries  without her husband's consent then her husband is definately entitled to file some serious charges against her.

By the way i will raise some questions which you will have to answer me,

Is she working ? If yes then is she ready to pay her husband alimony or one time settlement ? (Do not underestimate indian law it could be held against her as well ) ;)

Saurabh..V (Law Consultant)     25 July 2011

@Author

 

Marriage is an intitution which is so pure that even courts refrain from breaching it. You have to understand if in place of that person, how you would have felt.

 

Anyways! Now turning back to your query, you cannot marry her with your girl gets formal divorce from a court of law. Also you have to show the court that the girl has a genuine reason to get seperated from the husband.

 

//peace

/Saurabh..V


(Guest)

I do not understand this new upcoming trend.

 

People want to marry only married people.Seems there is dearth of unmarried people out there.

 

You can be punished by her husband if you attempt this.Simply forget her & move on.

Solicitor Chirag Shah (Advocate & Solicitor)     25 July 2011

Agreed with Mr . Saurabh.

Second marriage will not be considered valid till forst marriage is not divorced validly.

The marriage oerformed as per hindu rituals is very much valid and subsisting.

You can not marry her till she is not getting divorced from first Husband.

Regards,

Chirag Shah. 

R.Ramachandran (Advocate)     26 July 2011

She has to first get divorce from her first marriage before she can enter into remarriage.

Without divorce, if she enters into another marriage, then on the complaint made by her husband she can be punished under Section 494 IPC.  You will also be punished for "adultery". 

JAYESH (Sr. Executive HR.)     26 July 2011

Why you want to break house & family of that person. Once... Just for once put yourself in place of that person & think that your wife want to leave you just because she fall in love with another person after marriage. Try to feel that pain & then think of marring that girl. Hey men I can understand the pain as I had suffered this very badly. Just be a good human kind and think...

Another thing that how would u trust that girl as she is ready to leave her first husband who knows after some time she can leaves you also hahahaha....


Socho... Socho... live life happily "Zindagi Na melegi Dubara"

Girraj sharma (Manager(HR&A))     29 July 2011

Mr Chetan,

I am in agreement with the comments of Jayesh why you want to disturb the life of two families for your own interest,Further  If it is unavoidable than legal seperation is mandatory prior to entering the second marrige with you.

 

Girraj

gaury..fight to win (Education)     29 July 2011

think yourself in his place after two /three years..as she is going to leave you as she did with her first hubby..

If she can love you when she is in the wedlock then why cant love someone else other than you?

sandy velan (social coordinator)     30 July 2011

marrying a married woman without divorce is not love but a perverted idea of lust. what will happen if history repeats on you.


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