After divorce can get married
5 years ago
Sir my brother marage had got separated in front of village head n legal officer. My brother n his x wife were signed in papers that they accepting the separation. We have given them all items what ever she bought from her house. It has been 6months of separation. We want to start my brother new life with new person so we want to decide to get married to him. But we have a dought that after my brother 2nd mrge if 1st wife comes what we should do. What steps we have to take for getting problems in future for new girl who comes to our house to protect her n to keep strong their marriage life fother...pls give us an advise to keep my brother happy..
Deepak Yashwantrao Bade
Responded 5 years ago
ROBERT D ROZARIO
Responded 5 years ago
A decree of judicial separation can only be pronounced by the Court having its territorial jurisdiction under the law. And during the period of separation either party to the marriage cannot marry. Unless a MCD/divorce decree is pronounced by court.
If your brother had not obtained MCD or divorce through court, your brother's first marriage survives and if he goes for a second marriage without divorce, and marries again during the lifetime of the first wife, it will attract the penal provision u/s 494 and shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
So forget about what your village head had done, your brother needs to get his first marriage dissolve by a decree of divorce from court. Contact a local lawyer from Vidhikarya to prepare an application under section 13B of HMA. After preparing this petition both. your brother and his wife, have to appear before the court and together have to move this petition to dissolve the marriage. A six months cooling time will be given for reconciliation. After six months they both have to appear the second time before the court and together move the second motion. The court after its findings and observation will dissolve the marriage.
Once your brother get the decree of MCD from court, he will be a free man to marry any woman of his dream.
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