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Kaanu   16 April 2020

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.

 



Learning

 7 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     16 April 2020

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

Kishor Mehta (CEO)     16 April 2020

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

Siddharth Srivastava (Advocate)     16 April 2020

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. 

Dr J C Vashista (Advocate)     17 April 2020

 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..

 

1 Like

P. Venu (Advocate)     17 April 2020

The posting suggests deeper issues. Please post complete facts.

Sudhir Kumar, Advocate (Advocate)     28 April 2020

better put facts of the case.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     29 April 2020

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.


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