Second marriage
SURAJ SINGH
(Querist) 27 November 2013
This query is : Resolved
Dear Sir,
Please advice me can I proceed further for second as My first marriage was done in may'2013 without my permission and also in under pressure, but there was no any registration was done in first marriage and its also held in village. So please advice me can I do a second marriage with registration in court and it will valid or not please advice me.
Regards, Rajesh
Devajyoti Barman
(Expert) 27 November 2013
Vedic marriage is also valid. Without taking divorce you can not marry second time.
Ms.Nirmala P.Rao
(Expert) 27 November 2013
After a decree of Divorce attains finality by appeal or otherwise only you can remarry. You need to wait for the statutory period of one year unless it caused extreme hardship to you and extreme depravity on the part of the respondent in which case divorce can be granted before the expiry of one year. After a decree of divorce attains finality, you'll have to wait for at least 3 months time period as per Marriage Law Amendment Act 2003 to remarry. For example if the family court has granted divorce and if there is no right of further appeal or the time for appeal has expired etc, you can remarry immediately. As appeal proceedings are continuation of original proceedings till the divorce proceedings attain finality in the appeal proceedings you can't legally remarry any one. If you wish to thank me for this reply, please click the thank you button on my profile.
Ms.Nirmala P.Rao
(Expert) 27 November 2013
After a decree of Divorce attains finality by appeal or otherwise only you can remarry. You need to wait for the statutory period of one year unless it caused extreme hardship to you and extreme depravity on the part of the respondent in which case divorce can be granted before the expiry of one year. After a decree of divorce attains finality, you'll have to wait for at least 3 months time period as per Marriage Law Amendment Act 2003 to remarry. For example if the family court has granted divorce and if there is no right of further appeal or the time for appeal has expired etc, you can remarry immediately. As appeal proceedings are continuation of original proceedings till the divorce proceedings attain finality in the appeal proceedings you can't legally remarry any one. If you wish to thank me for this reply, please click the thank you button on my profile.
SURAJ SINGH
(Querist) 27 November 2013
But she is also under age...
Rajendra K Goyal
(Expert) 27 November 2013
Marring a minor girl is crime. Without a decree of divorce you can not remarry.
SURAJ SINGH
(Querist) 27 November 2013
So, please advice me how can i start procedure of divorce and how many times it will take. And if she do not agree for divorce then what happen, please advice me sir..
Rajendra K Goyal
(Expert) 27 November 2013
Contact a local lawyer and discuss all aspects with him.
Devajyoti Barman
(Expert) 28 November 2013
File a suit for divorce. The time should take not less than 5 years.
Biswanath Roy
(Expert) 30 November 2013
Law does not indulge stupidity. Second marriage is not possible.
