Second marriage possible without divorce/annulment

Dear Chand,

For practical purposes out of court settlement could be a better alternative and it depends how the modalities are taken care of.

It is advisable that let a written proposal to this effect comes from your wife's side asking for a mutual settlement for annulling the marriage and willingness to be a party if you opt to go to the court for this purpose.  There should also be clause to the effect that the girl has taken all her istridhan,  and is not asking and will not ask for any alimony settlement amount for whatsoever reason and if the need arises will co operate in getting this agreement registered.

It all depends how well you can negotiate.

Best Regards

Daksh

It is really very said that in india Peopl want out of court settlement ,, but it is not allowed,, they have to go to court.... It seems a business.

I dont really understand why people marry in a hurry without thinking twice about the consequence, especially in love marriages. If the parents consent is so important than their love, where is the need to get married without parent's knowledge and later get seperated and get a tag of a divorcee ? is the love so weak indeed? Chand Sir, whether you have registered your marriage or not, now only way our left for you is to get divorce through the Court.

Thanks a lot for your suggestions.

But, we are now not in contact with each other and one of our common friend has told me that she has already been married and is residing in Australia from last 2 months. Her husband must be knowing of her marriage with me. It's a huge emotional backlash and I want to file a case against her , her family and her husband ?

1. Is there any legal option before me?

2. Which marriage of hers is valid by now...with me or with her new husband?

3. Is there any legal loophole that allows her to remarry without taking a divorce in case of not registered Arya Samaj marriage ?

4. Me and my family has gone through hell as all my society and family knew about this marriage (but not the girls society), is there a chance of asking for defamation alimony legally?

I hope you understand my feelings.

All the writers are right in their own way.

I concur that in matters like this, under the Hindu Marriage Act, undoing of a marriage cannot be done by an out-of-court settlement.

However, I would like to touch upon Mr Dalsh's suggestion which is in right earnestness.  A preliminary document, in the form of an MoU between the husband and wife, in the presence of their elders and witnesses, would a long way in metally conditioning themselves that the mutual consent has been agreed upon once and for all, and there are no disputes emerging at a later state.  At least during the court proceedings (and before that), there are agonising days as to what the other party would do.  Such mutual written MoU lists the causes, intentions, acknowledgement of all belongings returned, and both merely await the court's decree as a matter of legal sanction.

In a case known to me, such a preliminary MoU (duly notarised as a matter of mutual "agreement" and not as diverce document) paved the way for smooth days thereafter.

Ravi, Adviser-HRManagement (+Legal)

You can file case of Bigamy against her and she can be behind bar for 7 yeras, but if she is already left you and there is no scope of her coming back then you forget her and go for another marriage, Call her parents and make a agreement that there will not be any legal consequences in future for both sides, you can tell ini society that you and she had divorce, or go for marriage annuelment procedure.

Tell everybody whoever ask that marriage is annuled.

Let you live your life, there is not point of fighting.

i think you have to wait for response  if wife marries with anthoer  your way will be clear automatically

so wait for first step whether she is accepting marraige or not?  settlement of any better threw court only.

Sir, as you have come up with more facts about the case, now I advise you to get ahead in life, forgetting what has happened. Society will talk a hell lot of things. But it is upto you to decide what you want out of this relationship with her. When she is already married with somebody else, it is better to tell everyone that the marriage is annulled, as Vikas Sir hs told. Please dont think about taking revenge with the girl whom you loved once upon a time. Another face for love is sacrifice. Let her be happy. And you too.

Out of court settlement does not amounts to divorce.  Even god has no power of divorce only civil courts have got powers to divorce.  Civil court order is final and binding.

The same thing is happened with one of my clients.  I filed consent divorce petition in the civil court.  After the evidence of both the parties civil court passed an order of divorce.

Now girl is living with her husband and he got married another girl and living happily. 

Thanks Suchitra,

I totally agree with you. But, I don't think the relationship was anything but love, it was a pure cheating from her side. These kind of girls always keep looking for greener pastures (here it is an NRI) and ditches even their husband.

The irony is , even the laws and court is in their favour. Don't we men also feel the same pain and pinch after goin through this. Doesn't she need a legal lesson to learn from this ? It might help some more homes from getting ruined.

Please help me with legal option for this.

thanks

Chand Sir, please try to understand my point of view also. I know how much it hurts to feel cheated. But believe me, I would have given the same advise, even if the query had come by a girl too. What is the point in wasting your valuable time of life making visits to Court so as to teach her a lesson? As a law student, I can give you advise to file a case against her, in which you will be sure to win with your certification given by Arya Samaj. But I have given you that advise which is practical in the situation in which you are now.

Thank you guys. You ppl really changed my perception about the law enforcerss and law knowers.

After all, we all are human being at the end of the day.

Ha.. ha.. very nice to see so many philosophers rendering their services in this LEGAL advice forum !!!

 But, Mr. Chand, Its good to see you concluding with comment ' After all, we all are human being at the end of the day.'  But if your philosophical resignation is due to your apprehension 'The irony is , even the laws and court is in their favour' then, don't give up - In this case the law is not in 'their' side.  If you take action she will get her much deserving punishment. 

Oh, yes... !! Make the hay while sun shines..  Chand, please file a suit against that girl and her family..  it is a question of survival of two advocates.. we should not leave a single chance of taking advantage of the situations. It is our professional ethics. Sleeping over one's rights is not correct. Contact an advocate immdiately and fight for the justice, till you succeed.