MCD & SS

Teacher

If a person gets separated by "Samajik Samjhauta" wherein elders of both sides sign and agree,

that since the day they sign this "SS" both husband and wife may separate and are free to marry anywhere and no one shall interfere in the same.

 
Hence as per Samajik Samjhauta, both the boy and girl are free to marry again. 
 
Now with along with this "SS" one also file for an MCD as in need of a legal sanction too.
But as per MCD, Remarriage is not allowed till the expiry of the six months period.
 
In this situation, will the "Samajik Samjhauta" be applicable if a boy or girl goes to marry before the MCD is complete but free as they signed the SS.
Or does it attract further legal hassles .
 
Please throw some light...
 
Regards
Aishwarya

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Lawyer

SS has no relevance in law a divorce degree is needed to remarry.

So until the second motion of MCD happens the marriage is not possible and if any of them marry that is invalid.


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SSE

Rightly Answered by Sanjeev...

 

Further more, Re-Marriege before MCD in Above Situation, attracts bigamy and other charges.


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Managing Partner

What do people do in the villages..there Samajik samjhuta is final...

As suppose, one does not apply for MCD at all...and only does samajik samjhauta

 

Vikram

 
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Teacher

means the "ss"  has no value , but people use it , dunno why ?

 
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SSE

Even Panchayat fesla is not final.... 

 

http://www.indianexpress.com/news/marriage-dissolved-by-panchayats-not-legal-d/672618/ (Supreme Court)

 

http://hindu.com/2002/02/02/stories/2002020203451000.htm (Supreme Court)

 

A Person may become aggrieved at any time, and files the case. It is better get Divorce from court only.

 

More over, a person may get opportunity to settle at abroad, At that time, so called "Samajik Samjota" and "Divorce Deed" obtained without going to court has no value. 


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@Aishwarya

Custom and law  both allowed but best route is take divorce from court so here i finally agree with Sameer advise.A Person may become aggrieved at any time and it will create problem .

Divorced persons when may marry again ?

Under THE HINDU MARRIAGE ACT, 1955   ,

When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has dismissed, it shall be lawful for either party to-the marriage to marry again.

 

 
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now a days also in many plces people dont like to go to court and take divorce in samajik baithak, pay alimony and go ahead in life. Wat is the fate of this system? if somebody wants to trap a person then its a big trouble for him!

 
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There are some defeats more triumphant than victories

On this SS both family members are signing also thus it is not so easy to disobey.

 
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Teacher

I concur with the opinions given by all above, but still i dont understand that....

A legal procedure has its own value,  agreed 

but here the question lies moreover a doubt...

that if people are readily practising  SS in small towns and villages and even where respect and prestige issues are a major concern , then how to decide upon the value of this deed where people do sign it in good number in presence of people in authority at times..

then its no point following the whole process where it doesnt have a value base...

 
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