Marriage
lalita devi
(Querist) 15 August 2012
This query is : Resolved
I was granted divorce by a deed of mutual consent. My first husband and the lawyer made me to believe that this was final, the words were under 29(2) this divorce is allowed and either parties are free to remarry. I remarried soon after this, by a registered marriage. The deed was given as evidence of my divorce. Both my husband and I believed in the divorce of deed. 3 years after my remarriage, my first husband filed for a decree of divorce. Due financial and time constraints, I did not contest this, as by that time I was also settled in my new family and this was a crucial period in my kids' education. Now, after all these years, I learn from similar cases, that since my remarriage was before the divorce decree, it is not valid in the eyes of the law. My kids and I have seen happiness only with my second husband. I want to validate my second marriage. The interest is doing the right thing. My first husband is remarried. He has had no connection with our family since the deed of divorce by mutual consent. My kids have been brought up totally by my second husband and me.
Is there a site from which I can learn about similar cases? What are the procedures to validate my second marriage from the date since it took place, as we have lived amicably and meaningfully for many years.
Vinoba
(Expert) 16 August 2012
Mme,
Your query is silent about the result of the proceedings initiated by your husband for a decree of divorce. If in case it was decreed exparte then it is well & good. Now since your husband is married again, there is no need for you to validate ur second marriage by any proceedings before court of law. Just u try to obtain the certified copy of the Judgment and decree passed in the proceedings for divorce filed by your husband & register your second marriage. As simple as that.
Vinoba,
Advocate,
Pondicherry.
Dr V. Nageswara Rao
(Expert) 16 August 2012
1. I assume that the divorce suit that your first husbadn filed and you did not contest was decreed.
2. As your second marriage was gone through before your first marriage was dissolved, the second marriage is a nullity. So it is mandatory that you and your second husband go through a registered marriage again.
3. your did not mention whether the kids were born by your first or second marriage. If they are born of your first marriage, they are fully legitimate under S. 112 of Evidence Act. If they are born to your second husband, they are not legitimate under S. 112 but they are deemed legitimate under S. 16 of Hindu Marriage Act (if you are both Hindus) and they can inherit the property of the parents but not ancestral property.
Guest
(Expert) 16 August 2012
Dear Nageswara Ji,
If your comments are correct then, in that case, what is the sanctity of the Deed of Mutual Settlement?Moreover , if the First husband suppressed about the said Deed,then will he not be liable for a criminal offence? I think, correct legal implications can be stated only after going through the Decree,if any passed by the Court.
Trivedi Advocate
(Expert) 16 August 2012
Ms Lalita ji,
Please stated the case clearly afterthat we can advice you.
Anirudh
(Expert) 16 August 2012
Dear Lalitha Devi,
You say: "I was granted divorce by a deed of mutual consent."
Which court granted it? Can you specify. Have you got a copy of the Court decree in your hands?
M V Gupta
(Expert) 16 August 2012
Mere signing of the mutual consent for divorce does not put an end to the marriage. It has to be filed in the court and decree of divorce should have been passed. Then only the marriage gets dissolved. From what u have stated you had your second marriage soon after signing the consent paper. Hence I agree with the opinion given by Shri Nageswara Rao. At any rate please show the relevant papers to ur Advocate and get proper guidance.
PARDEEP KUMAR
(Expert) 16 August 2012
Perfectly advised by Dr. V. Nageswara Rao, I think position explained by Mr. M.V. Gupta,have clarified your doubt by now, in my opinion, you may follow advice of Dr. Rao. However, still thereafter, keep that copy of deed for future reference, if required, though it won't suffice but would support your cause, in future, if so required.
K.K.Ganguly
(Expert) 18 August 2012
Yes. From whatever you have stated above, it appears that you have just signed a deed of mutual consent for Divorce & have remarried without waiting for obtaining the Decree of Divorce. Your second marriage is void at law which may create problem later on. It is advisable to get the Decree of Divorce from your first Husband & then register your marriage with the second husband.
lalita devi
(Querist) 20 August 2012
Thanks everyone for guidance.
