Second marriage
Vinu
(Querist) 05 May 2012
This query is : Resolved
I am a legally divorced lady with a 8 yr old child. We had divorce in 2007 and had married in 2003.
Now for the sake of our son, we have decided to stay together.
my queries are.
1. As we are legally divorced, to stay together as husband and wife do we have to marry again.
2. Can we approach to family court and give an application for staying together as husband and wife without getting married again.
3. Can we marry in a temple in presence of our parents and relatives and can be called as husband and wife.without getting our marriage registered again ( as it will be getting registered in 2012 )
4. In legally divorced cases, giving an marriage application / one month notice in marriage court will help us to get married on the decided date.
5. Can we go for live in relationship instead of getting married.and if we go for that relationship will it be called as husband-wife relationship after few months.
6. if we do not marry again legally, can we be each others legal nominee.
7. Instead of going to the court again, can we simply marry and get our marriage registered again (our previous marriage date is 23rd June 2003 ) can we register our marriage on the same date.
8. we are planning to go abroad on job/service visa. to join my husband there after few months, is the marriage certificate required.
Vinu
(Querist) 05 May 2012
Your legal advice will help to take the decision.
Adv.R.P.Chugh
(Expert) 05 May 2012
You'll have to marry again. Long cohabitation together can raise the presumption of marriage normally but I don't think such presumption would be attracted in case of a divorced couple.
ajay sethi
(Expert) 05 May 2012
inorder to enable experts to answer your query please explain why you divorced your husband .
was it due to any physical abuse?
if so dont remarry .
if it was due to some adjustment problems and you are not reluctant to take the plunge again remarry .
even if you dont marry you can stay together . have a live in relation ship .
ajay sethi
(Expert) 05 May 2012
your ex husband can bequeath you his property by will and you can also do the same . nominee is only a trustee .
SAINATH DEVALLA
(Expert) 05 May 2012
Dear Querist,
In addition to Mr.Sethiji and Mr.Chughji,at the outset I am really surprised you have dissolved such a sacred marriage,the reasons not known to us,and today you are exploring the ways and means to live together,and you are after legal advice.If course we have great concern for your son.But do you think that the mistakes of the past are not going to be repeated again.Was the earlier divorce was on the behest of yourself or your husband.If it was as per your husbands wish,then I feel sorry that your illegal livein relationship will not sustain.If you desire to live together,get married again and atleast on this venture may your marriage last throughout your life span.
This is not a critical analysis,but as human beings we have to sail smoothly into the future,without any hurdles.
Vinu
(Querist) 06 May 2012
Thanks to all of you for your advice, but I have not recd the rmarks on point no 2 , 3 & 4 from your end.
Pl reply
DEFENSE ADVOCATE.-firmaction@g
(Expert) 06 May 2012
This is high profile case and the whole problem is marriage certificate.
Experts have given no of options, choose which suits you best.
ashutosh mishra
(Expert) 06 May 2012
In reply to your second post,my answers are
as stated below.
1. As we are legally divorced, to stay together as husband and wife do we have to marry again.?
Answer:Not necessary but desirable.
2. Can we approach to family court and give an application for staying together as husband and wife without getting married again.?
Answer:No,Court does not have jurisdiction to entertain such an application.
3. Can we marry in a temple in presence of our parents and relatives and can be called as husband and wife.without getting our marriage registered again ( as it will be getting registered in 2012 )?
Answer:yes,you can but registration would be desirable in view of the fact that earlier marriage is dissolved by decree of court.
4. In legally divorced cases, giving an marriage application / one month notice in marriage court will help us to get married on the decided date.?
Answer:yes.
Sudhir Kumar, Advocate
(Expert) 06 May 2012
THE ADVISE OF THE EXPERTS ABOVE WILL APPLY ONLY IF YOU ARE NOT MUSLIM
V R SHROFF
(Expert) 06 May 2012
pt 2 & 3 not applicable ,
pt 4, do it. if Hindu.
Shonee Kapoor
(Expert) 06 May 2012
You would need to marry again.
My advise would be to marry in temple in presence of relatives and then register the marriage lest it causes problems in future.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
