juhi (call center advisor) 10 November 2010

Second marriage without divorce

I got married to a muslim guy three years ago under special marriage act. we got seperated because his parents were insisting me to change my religion and there were other problems too between us.....now my parents wants me to remarry. Can i remarry in different state without taking divorce? Will there be any problem in getting second marriage certificate. Its not so that i want to hide things from my future husband...but before proceeding further i want to know whether is it possible or not to remarry without divorce.

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13 Replies

Adv Archana Deshmukh (Practicing Advocate) 10 November 2010

Remarrying without valid divorce is not permissible. The second marriage will be void. Also you may be prosecuted for bigamy by your first hubby. It is advisable to take divorce first and then think of second marriage.

Democratic Indian (n/a) 10 November 2010

I agree with Adv. Archana. I would like to add that there are many practical and fine points of law which are best discussed when sitting face to face with a lawyer in person. Hence contact a good matrimonial lawyer.

G. ARAVINTHAN (Legal Consultant / Solicitor) 10 November 2010

It is illegal to get married without getting divorce.

If you change state too, it is governed by Indian Marriage Laws only

Sathyan A.R. ( Advocate practising tax advisor) 10 November 2010

i agree with advocate Archans advise. The marriage between you and the muslim husband still perists as per law and in that period if you marry some one else the case will turn against you. Hence it is advisable toget the divorce andthen think of remarrying

Ravindra C (Professional - Verifications and Forensics) 11 November 2010

Dear Juhi,

Is your marriage with the muslim guy registered under the special marriage acts.

Ravindra

Avnish Kaur (Consultant) 11 November 2010

go to las vegas , probably there u can do it if u dont have an indian passport.

in india be ready to face punishment for your wud be spouse urself as well as in a legal tangle.

juhi (call center advisor) 11 November 2010

Dear Ravindra, that was a court marriage , so i assume its already registered.....and if it's not then how do i know that????please suggest me thanks.

Dharmesh Manjeshwar (Advocate/Lawyer) 11 November 2010

Inorder to avoid complications in your future life .... it is advisable that u first obtain divorce and then remarry ....

If u get married without getting divorce .... your second marriage will be void ..... and as already advised by Adv. Archana u could even be criminallu prosecuted for bigamy by ur first husband ...

Ravindra C (Professional - Verifications and Forensics) 11 November 2010

Dear Juhi,

If it was a court Marriage, then it would have been registered already. In such case you have only once option. To take divorce and get married. However you can still find out ways and means to come out of your this situation. You can PM me for suggestions. Also please tell us where was your marriage performed. State, Dist Etc.. Thanks

Ravindra

Dharmesh Manjeshwar (Advocate/Lawyer) 11 November 2010

place of marriage, state, district, etc doesn't make any difference ..... law is uniform all over india regarding this .... and i don't understand what ways and means could be suggested by Mr. Ravindra ?

Ravindra C (Professional - Verifications and Forensics) 11 November 2010

Dear MR. Dharmesh Manjeshwar,

I Accept you points that Law is uniform to all, However the reason for asking such details was to advice her how to check if the marriage is registered or not basis which experts can suggest further course of actions. Trust that clarifies. Thanks.

Ravindra