Legal Query on continuing affair pre and post marriage AND is it necessary to wait after mutual consent divorce to remarry..

Q 1.My girlfriend got married 2 month ago, as she is Muslim I am Hindu, we failed to convince parents. 2 months back she was married according to the match from parent’s side. Parents didn't ask her opinion about the match and married blindly. She is also facing problems from the boy parents. Marriage is not yet registered.  But now she is not able to adjust with them and facing lot of stress. Her situation is very nasty, not able to forget me and not able to adjust with them.

 I went through some topics of this forum. If she want to marry me which is the best way to follow.

1) For divorce he will reject for sure, if she marries me without taking divorce then they can file case on her or on me or on both? We planning to marry & move abroad. Whether it will create any unwanted problems?

2) If she want to apply for divorce which one is better way to precede I mean which kind of petition is better as 1 year is also not completed?
 Whether she should separate from him for any number of months to before applying for divorce?

3) If she is staying separate then he can able to proceed legally to get her back into his home? Or without her acceptance to come his home he can't do anything? She may stay singly as there is no support from parent’s side.

3) Registration of marriage is advantage or disadvantage if she wants to proceed for divorce.

Please advice. Regards, KC

Ans. The answers to your questions are as below:

1.      Second marriage without divorce is bigamy. It attracts criminal as well as civil action against the wrong doer.

2.      She has the liberty to file a petition for nullity of her marriage as it was without her consent and by force. This type of petition must be filed within one year of the marriage; if she does not then she cannot file a divorce petition as she does not have any grounds to do so, except for mutual consent. Also be aware that, the proceedings for nullity of marriage can be long drawn and may take few years.

3.      Yes, if she desires, she can stay away, but he cannot force her to live with him.

4.      Once a marriage, always a marriage with registration or without registration.

Q2. Could you please confirm what is normally the time required between mutual consent divorce (MCD) grant and second marriage? Is it necessary to wait for 30 days after the grant of divorce (second motion and the 6 month period)?  

2. In case of applying for visa after marriage, is it necessary to marry in an arya samaj mandir etc. to get immediate registration certificate? I understand that there is a one month wait under the special marriage act. Is there any adv/disadvantage to marry under Hindu marriage act or Special marriage act?

 Please help-SR.

Ans. Once the divorce order is passed, no waiting period is required.  You can remarry at arya samaj or any other endowments dept. Group A temples like Yadagirigutta, Srisailam, and Vemulawada etc. The concerned temple officer’s also issuing marriage certificates which are authenticated for passports also

.