I am a 26 years old hindu woman who got married at the age of 16. I am living as a separated from last 7 and half years. I have a son who is 7+ and living with his paternal grand parents. My husband has not send me any money in last 4 years as my maintenance. And he is not ready to give me divorce. We don't have registered our marriage but the Hindu marriage rituals were performed and there are evidence of it.
My family wants me to remarry. Is it possible for me to remarry a man without getting divorce? I mean either registry or ritualistic marriage can be performed? Will it going to have any value in the eyes of Indian Law?
1. An Hindu marriage is Legal "ONLY" IF the Girl is minimum 18 years and Boy is 21 years ELSE the marriage is null & void ab initio and this is irrespective of how the marriage rituals were performed or registered or not registered. By virtue of this, when you married you were 16 (a void'ble marriage age) and such marriage can be "very easily" be Annulled (means never existed /cancelled) in a Court of Law. Here there is no need of a Divorce Decree proceedings. Marriage shall be Annuled, without any reference to your children.
2. File Marriage Annulment Proceedings, based on the above. AFTER you get a favourable order, you are free to marry, as per your wish.
Keep Smiling .... Hemant Agarwal
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