Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Remarriage after divorce with prior(Divorced) husband

(Querist) 16 December 2008 This query is : Resolved 
Sir
wheather a wife who got divorce from her husband u/s 13 of HMAct than again marry him in a temple by exchanging garlands without performing sapatpadi is covered by the defination of wife for the purpose of 304-B IPC.
Srinivas.B.S.S.T (Expert) 17 December 2008
yes she can.
Adv.Shine Thomas (Expert) 17 December 2008
Yes,it is sufficient for the purpose of sec.304-B IPC
Tribhuwan Pandey (Expert) 17 December 2008
I also support answer in yes.
But she has some proof of her marriage.
Guest (Expert) 17 December 2008
Temples like Arya Samaj give marriage certificate they should be useful.
J K Agrawal (Expert) 17 December 2008
Exchange of garlands is not a recognised form of marriage among Hindus. No valid marital relations at all. Section 304 B it self does not recognise invalid marriages.
G. ARAVINTHAN (Expert) 18 December 2008
I agree with my friends. Wife/Husband can do it
KAMARAJ BHARATHY G (Expert) 18 December 2008
sapthapathi is not a manadatery if the custom of the couple is allow any other form of marriage that also will come under the hindu marriage act. Hence saptahpathi is not necessay and a woman can marry any body after the dicorce it may be her previous husband also.
mahendra rai jain (Expert) 18 December 2008
i am also agreed with all my friend.. for the sake of future i advise her to obtain a Marriage Certificate as acording the law..
Manish Singh (Expert) 22 December 2008
but this marriage shall be valid only if their customs allow marriages without saptapadi. if the custom includes saptapadi as a part of the marriage rituals, the marrigae without saptapadi shall be an invalid marriage.


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