Asked in Divorce
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- Under Hindu marriage Act, you cannot do second marriage , without getting divorce from the first wife, even after long period of separation. - However you can file a divorce petition before the court on the ground of long separation , and can get an ex-parte decree in your favour ,if she failed to appear before the court . You can contact me for a better understanding if needed.
Need to file a first divorce petition before going for II marriage. You can marry only after the receipt of final order.
In your question Separation is the word which requires explanation as separation was legal or personally got done. If it was Legal the husband can re marry after Divorce and if otherwise then the wife has every right to interfere and ask for her right. Please give me Rank Five and follow me after reviewing my resume and book a consultation for further discussion and explanation if required.
Separation without Legal Procees is not permisable. In case your spouse agree apply for Mutual Consent Divorce and after the decree of Divorce you can marry another person. Further Separation is not Divorce your previous marriage still remain during separation.
your separation is not legal separation, apply for legal separation into family court through any local advocate, after separation, you are free to remarry....
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