Separated 2014

I don`t understand how you are thinking of marrying again when you are paralysed. Anyway, if you file for a divorce, you will come to know her re action. if she refuses, ask for maintenance from her.

No you can't go for second marriage without getting divorce from court. Since you both have decided not to continue with this marriage anymore, then mutual consent divorce is advisable.

Procedure of divorce through mutual consent in Arya Samaj
(i) Both the parties need to file together a petition seeking divorce before the District court.
(ii) Before filing of the petition, married couple should make sure that they are living separately for a period of one year or more. After petition is allowed, parties are required for filing of statement
(iii) Couple seeking divorce by mutual consent will have to give reason why they are not able to live together and mention in the petition that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
(iv) Court after a period of 6 months and not more than 18 months (cooling-off period) will give a date for listening to the parties.

If the case is withdrawn or the parties do not move to court at the given date(s), the petition stands cancelled. After hearing to the parties and on being satisfied, court may pass a decree of divorce declaring the marriage to be dissolved.

Dear client
1) If you want to get married again then you must have to get divorce from first wife.
2) You can firstly send legal notice to your wife.
3) if she denied or not replied then file divorce case on the basis of adultery and mental cruelty.
4) you can approach to our vidhikarya lawyer for sending notice and filing case.

Sir, if you want to get married again then you must have to get divorce from first wife.you should hire family lawyer for filing divorce application into family court.firstly send legal notice to your wife through your lawyer and try to settle down ralations for your child atleast.if she denied or not replied then file divorce case on the basis of adultery and mental cruelty.you can approach to our vidhikarya lawyer for sending notice and filing case.

Ask her to go for Mutual Consent Divorce.
If she does not agrees then You will have to file for Divorce on the various grounds applicable to the facts of your case.

File a divorce petition on the grounds of cruelty and desertion. U can also ask for custody of your son and give proofs of illicit relationship of your wife.

No without taking divorce u cant do the second marriage

If yourself belongs to Hindu, go by Hindu Law - take legal assistance through Vidhikarya. Can marry again by Divorce.
PKC, Adv.

You need to file suit for decree of divorce. Go for mutual consent divorce if she agrees.