Masterclass

can a remarriage(for both) be registered as 1st marriage


Hi,

At the time of second marriage for both the parties is it mandatory to show the marriage status(divorced) in the registeration form?

though both the parties have a valid divorce copy, it was not shown anywhere. The forms filled for self-esteem marriage (legal in TN) and marriage certificate as First marriage.

A marriage certificate  has also been obtained registering as first marriage. Now is this marriage certificate valid or not? Is it manadatory to submit divorce documents to register second marriage? Is it possible to nullify/void the marriage.

 


Total likes : 1 times

 
Reply   
 
Lawyer in Hyderabad.wats app no.9989324294

Correct information to be submitted to the public authorities. Otherwise it is an offence under the law. 

 
Reply   
 


CEO

It is mandatory to show your legal status while applying for a marriage certificate. If you are divorced then that status has to be shown. However failure to show the legal status doesn't invalidate the marriage certificate issued. B
 
Reply   
 
Advocate

No, it is not necessary for parties to show their respective orders granting them divorce. It is sufficient that parties are unmarried at the time of marriage and registration of marriage with registrar. Marriage and marriage certificate are valid. Merely mentioning the in form as first marriage is not the valid ground for divorce or to nullify the marriage. If any wrong information has been given by either party then there are other remedies but not a valid ground for nullity or divorce. The fact is that parties should not be married nor either party should have living spouse at the time of second marriage and this the basic ground for second marriage. Registration of marriage does not give any validatation nor non registration of marriage invalidate a marriage. 

 
Reply   
 
Lawyer

 It is mandatory to disclose the fact of issuance of marriage certificate before the Court during divorce proceeding which stands automatic annulled (cancelled), even if it was not produced before the Court. The certificate has no relevance / validity in consequence of grant of decree of divorce.

Since both the parties were divorcee at the time of registration of second (subsequent) marriage it is mandatory to submit decree of divorce granted by competent court..

 


Total likes : 1 times

 
Reply   
 
Advocate

The posting suggests deeper issues. Please post complete facts.

 
Reply   
 
Dy Director

better put facts of the case.

 
Reply   
 
Advocate/ nadeemqureshi1@gmail.com

Marriage Certificate is not valid, it has been obtained by playing fraud with the authority concerned. but the marriage is valid and marriage can not be declared null and void on this ground.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  


 

  Search Forum








×

  LAWyersclubindia Menu

Join the MasterClass     |    x