sravan reddy (student) 09 September 2020

Bigamy

My wife remarried indian in USA and have apostle of marriage certificate of her 2nd marriage

Both are on job visa.

Query:is USA marriage certificate considered as valid marriage by Indian court?

Quick Summary

This discussion addresses the validity of a second marriage performed in the USA, evidenced by an apostilled marriage certificate, when the first marriage is still legally binding in India. Bigamy is illegal in both countries. While a US marriage certificate is generally considered valid proof in India, it can be challenged in court if the first marriage is established and no divorce has occurred. Seeking legal advice from an advocate is recommended for clarity and potential divorce proceedings.

5 Replies

Kanubhai Sirvi 09 September 2020

hello mr. sravan

Bigamy is prohibited in india as well as in USA .If the first marriage was held legally and have sufficient proof and never ended or broken in divorce then the second marriage done by spouse is null and void in the eyes of law.
In india IPC sec-494 deals with the punishment for the bigamy and cosider this as a criminal offence.

sravan reddy (student) 09 September 2020

is USA marriage certificate considered as valid marriage by Indian court?

Advocate Bhartesh goyal (advocate) 10 September 2020

Yes,marriage certicate issued by UDA authority is valid proof and tenable in india.

G.L.N. Prasad (Retired employee.) 10 September 2020

The certificate given in US may be valid till it is challenged in a court of the law establishing first marriage and that there was no divorce. Contact an efficient advocate for proper remedy if you are having such a copy of the certificate given in the US.