Engineer
[ Scorecard : 52]
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Posted On 03 September 2010 at 17:16
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Dear Learned Members,
If a person who is married has not registered the marriage, expecting a divorce, should the case be in court by obligation?
If they have mutually agreed upon getting separated can the person remarry since neither the first marriage was registered nor the divorce was registered?
If he/she remarries can the already divorce person(he/she) interfere in later's life for any favours and torture the person with the proofs of unregistered marriage?
Please answer the above
Best Regards,
Soni Tejat
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Practicing Advocate
[ Scorecard : 6869]
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Posted On 03 September 2010 at 17:27
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If the marriage was solomnized as per rites and rituals then, even if it was not registered it is a valid marriage in the eye of law and if one wants divorce, one has to approach the court of law. Remarriage without taking divorce is illegal and the second marriage is no marriage in the eyes of law also the person may be prosecuted for bigamy. So, it is very necessary to first legally dissolve the marriage and then think of remarriage.
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advocate
[ Scorecard : 11683]
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Posted On 03 September 2010 at 18:13
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I agree with Archana Mam.
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UNEMPLOYED
[ Scorecard : 11086]
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Posted On 03 September 2010 at 19:31
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If a person who is married has not registered the marriage, expecting a divorce, should the case be in court by obligation?
- getting registered a marriage is not compulsary. when you applied for divorce, don't registered it.
If they have mutually agreed upon getting separated can the person remarry since neither the first marriage was registered nor the divorce was registered?
- no. still the marriage dissolved by a court of law, one is married to that person,- it is according to law. Here registration not in the picture.
If he/she remarries can the already divorce person(he/she) interfere in later's life for any favours and torture the person with the proofs of unregistered marriage?
- if he remarry without divorce, the second marriage will be null and void. don't say he/she, because 'he' and 'she' has seperate set of rights. registration not a factor here.
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UNEMPLOYED
[ Scorecard : 11086]
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Posted On 03 September 2010 at 19:36
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if marriage not dissolved by court, then the marriage is live one and one can haras the other.spouse
be careful of it.
go to the threads where live in discussed. you may require this tablet.
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Advocate
[ Scorecard : 233]
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Posted On 16 September 2010 at 22:45
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Hello
Any marriage whether registered or not has to be dissolved only through court of law. As otherwise it will end in prosecuting you for bigamy.
L. Vinoba,
Advocate,
Pondicherry.
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Software Professional
[ Scorecard : 289]
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Posted On 17 September 2010 at 11:17
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Whether you have registered your marriage or not. In the eyes of law you are married until you get a divorce degree from court on Indian Land. Bottom line is that any citizen of India should get divorce from family court by Mutual Consent to avoid any future NItty Gritties.
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D.M
[ Scorecard : 24]
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Posted On 25 March 2012 at 19:11
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Dear Sir/Madam,
If marriage is unregistered still they want to mutual divorce withoutgoing court is it possible.
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D.M
[ Scorecard : 24]
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Posted On 25 March 2012 at 19:12
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if possible what is the procedure?
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Samaritan
[ Scorecard : 339]
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Posted On 14 May 2013 at 02:22
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Muslim divorces circumvent the court process; nevertheless, I understand the Law Commission has suggested a uniform set of principles that make it mandatory to register all marriages and divorces regardless of one's religious beliefs. See Links
http://lawcommissionofindia.nic.in/reports/report211.pdf
http://www.pib.nic.in/newsite/erelease.aspx?relid=43988
http://www.dnaindia.com/india/1674966/report-cabinet-approves-bill-on-compulsory-marriage-registration
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