legal or not
Querist :
Anonymous
(Querist) 27 January 2010
This query is : Resolved
my marriage was not legally registered.i have a kid.my husband left me one year ago.married a lady.is my marriage legal.does it need a divorce when iam trying to marry some one else.i cant find the person he frauded me.some wher in north. can you give me any advice regarding this??
Adv Archana Deshmukh
(Expert) 27 January 2010
If your marriage is performed as per rites and rituals of custom, then it is a valid marriage even if it is not registered. Definately divorce is needed if any one of you wants to remarry. If he has already remarried then you can file a criminal case of bigamy u/s. 494 IPC against him.
Raj Kumar Makkad
(Expert) 27 January 2010
You seek divorce first and then marry otherwise you shall also commit the same crime he has done.
N RAMESH.
(Expert) 27 January 2010
//is my marriage legal.//
Yes your marriage is legally valid.
//does it need a divorce when iam trying to marry some one else.//
Yes. You have to divorce
//i cant find the person he frauded me.//
You can file a petition for divorce by citing last known address of your husband or address of last matrimonial home on the ground of desertion.
A V Vishal
(Expert) 27 January 2010
You have not stated your religion in the query.
Under the Special Marriage Act, 1954, which is valid for any Indian citizen, irrespective of religion, each marriage is registered by marriage officers specially appointed for the purpose.
Registration of marriage is compulsory under the Indian Christian Marriages Act, 1872. Under the Act, entries are made in the marriage register of the church, soon after the ceremony, along with the signatures of the bridegroom, the bride, the officiating priest and witnesses.
Parsi Marriage and Divorce Act, 1936 makes necessary Registration of Marriages.
In Muslim law, a marriage is regarded as a civil contract and the qazi, or officiating priest, also records the terms of the marriage in a nikahnama, which is handed over to the married couple.
Under Section 8 of the Hindu Marriage Act 1954, there exists a provision for registration of marriages. However, it's left to the contracting parties to either solemnize the marriage before the sub-registrar or register it after performing the ceremony in conformity with Hindu beliefs. However, the Act makes the provision that the validity of the marriage will in no way be affected by omission to make the entry in the register. Therefore only under the Hindu Personal Law it is not compulsory to register the marriage.
Irrespective of caste, creed or religion, Goa's family laws provide for compulsory registration of marriage to avoid multi-marriages. It has the provision of penalizing the civil registrar if any marriage is registered in contravention of the provisions of the civil code. "It makes the concerned officers more responsible".
The following enactments by the State Governments have provided for uniform compulsory registration of marriages:
The Bombay Registration of Marriages Act, 1953. This Act applies to the States of Maharashtra and Gujarat
The Karnataka Marriages Act, 1976 in force since 1983
The Himachal Pradesh Registration of Marriage Act, 1997
Andhra Pradesh passed the Compulsory Registration of Marriage Act, 2002
K.C.Suresh
(Expert) 28 January 2010
If your relation ship as hus and wife originated on a customary marriage then mrg is solemnized. If no customary marriage but only registration then the mrg is solemnized. Registration is not mandatory. But customary mrg is compulsory. If both things were not performed you are free and can run through the path selected by your companion.
Guest
(Expert) 30 January 2010
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