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jennyjob75 (teacher)     19 September 2010

remarriage

hi lawyers..........

i'm from kerala. i'm planning to marry a person, who may get divorced with his first wife under mutual consent next mnth. is there anything which i should be cautious with..?

how long it takes to get divorce under mutual consent.... they have just met the advocate with the things.. not yet filed anything.. 

it will be a first marriage for me., and second for him. we have been living as husband wife for the past 2 nd half yrs and have a kid too..  the first wife was in need of his money and now agreed for divorce.


also would like to know the proceedure for our marrriage to register..?

how to do the registration....?????????


please help me with the topic.....



Learning

 8 Replies


(Guest)

KINDLY NOTE THAT

1.YOU ARE SINGLE AND WANT TO MARRY A MARRIED MAN WHO HAS NOT YET DIVORCED HIS FIRST WIFE.YOU ARE STAYING WITH SAID PERSON AND HAVE A CHILD.

2.UNLESS THE MUTUAL CONCENT DIVORCE ORDER IS PASSED YOU CANNOT LEGALY MARRY SAID PERSON BECAUSE IT IS AN OFFENCE UNDER SEC.494 OF INDIAN PENAL CODE.AND PUNISHABLE WITH IMPRISONMENT OFSEVEN YEARS AND FINE.

3THE FIRST WIFE IS ENTITLED TO CLAIM FOR MAINTAINENCE FROM THE SAID PERSON TILL SHE IS REMARRIED OR TILL SHE SURVIVES.

4.TILL DIVORCE ORDER IS PASSED ,SECOND MARRIAGE IS NOT PERMISSIBLE.AND SECOND WIFE IS NOT ENTITLED FOR MUCH PROTECTION PLEASE NOTE.

5  ONCE DIVORCE ORDER IS PASSED THEN THE  MAARRIAGE CAN BE REGISTERED.

6 IT IS ADVISIBLE FOR YOU TO BE CAREFUL FROM THE PERSON WHO IS NOT HONEST WITH HIS FIRST WIFE ,MUCH CAN NOT BE EXPECTED FROM HIM HE SEEMS TO BE CRIMINAL MINDED  AS IN FUTURE HE MAY APPROACH THIRD WIFE. THEN YOU SHOULD NOT FACE PROBLEMS IN FUTURE .PLEASE NOTE.

GOOD LUCK.

THANKS.

1 Like

Goutam (Student)     19 September 2010

In the mutual consent these things are essential:-

1. First of all both the parties file a suit in the competent court for the mutual consent divorce

2. The next hearing will be after six month..

3. On this hearing the statements of the parites will be done and if the parties would said in their statements that they are agree for mutual consent. Then court pass a decree for their divorce.

4.you  must obtain a certified copy of divorce from that court.

5.After all this process u can easily marriage with that man easily.

1 Like

jennyjob75 (teacher)     19 September 2010

sirs....


thank u for ur answers.... it was of great help to me....... one thing i forgot to mention. the person whom i wish to marry has filed a case in court for nullifying the registration in 2008. til now nothing has happened, and tyhe case is going on postponed.


will it stil take time for the first motion, second motion and all for divorce with mutual consent.. shall i request the court for aan early judjement by stating mine and my kids pathetic condition to live in this society.
is there any chance for that.....?


and also is it like, even after marriage also the second wife is not entitled for much protection? or it is upto the time of marriage registration....?


kindly help me with my problems.... please......

jennyjob75 (teacher)     19 September 2010

sirs....


thank u for ur answers.... it was of great help to me....... one thing i forgot to mention. the person whom i wish to marry has filed a case in court for nullifying the registration in 2008. til now nothing has happened, and tyhe case is going on postponed.


will it stil take time for the first motion, second motion and all for divorce with mutual consent.. shall i request the court for aan early judjement by stating mine and my kids pathetic condition to live in this society.
is there any chance for that.....?


and also is it like, even after marriage also the second wife is not entitled for much protection? or it is upto the time of marriage registration....?


kindly help me with my problems.... please......

Goutam (Student)     20 September 2010

Hello,

             You are asking for which registration i.e (case file for nullifying the registration in 2008). Plz be clear.

Goutam (Student)     20 September 2010

Yes, you can register your marriage. The procedure is:-

1. According to Hindu Marriage Registration Act you can register ur marriage within 90 days without late fee after solemnized the marrige.

2.After 90 days of your marriage u can also register ur marriage with late fee.

jennyjob75 (teacher)     24 September 2010

yes sir,  a case was filed in  the court in 2008 for nullifuying the first registered marriage. and my doubt is still will it take 6 or more months to get divorced by mutual consent....

will i be able to request the court for a speedy action for divorce by mentioning mine and my kids living condition in the society....

and we are christians, and we have to get married under christian mariage act .....  can we register the next day once he get divorce from the court....

and also is it like, even after marriage also the second wife is not entitled for much protection? or it is upto the time of marriage registration....?


sir, please help me with the  things.........


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