Civil Procedure Code (CPC)

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Vijay Raj Mahajan (Advocate)     19 July 2018

The fact you both got married duly acknowledged by both on oath, is good enough proof of marr

Vijay Raj Mahajan (Advocate)     19 July 2018

The fact you both got married duly acknowledged by both on oath through affidavits, is good enough proof of marriage along with it you must have placed on record, the true copy of marriage certificate issued by the Registrar of Marriages.

There is no need to prove anything more here, the deed of divorce on Rs100/- non-judicial stamp paper is no proof of divorce that will proof that you had first existing marriage and therefore section 5(i) of the Hindu Marriage act,1955 was infringed and the marriage is null and void u/s 11 of the HMA.

The Family Court has to just decide the nullity petition on the basis of these documents and affidavits of both parties where their marriage was admitted to be solemnised according to Hindu form of marriage.

What is the reason to decide this simple issue speaks volume about the standard of our judiciary.


(Guest)

Now court knows that we both want nullity order, but court seeks proof from my wife if i committed any fraud while marrying her. She has not been able to prove that i got married with her by fraudant documents. I have already shown my divorce deed while getting married to her ( which is not divorce decree though ), so it's not valid per section 5(i) and court should pass the order. 

Court is not passing nulity order simply based on "unavailabilty of divorce decree" , court wants her to prove if she was unaware of the fact that i didn't have divorce decree at the time of marrying her ( means if i kept it hidden by means of fraud ). Why is court wasting my time ?

 Can i file for divorce by myself from Ahmedabad based on desertation / cruetly to get divorce order ASAP ? 

Vijay Raj Mahajan (Advocate)     20 July 2018

Family Court want to be satisfied if there is actually no decree of divorce existing for your first marriage, you satisfy the Court and it will decl

Vijay Raj Mahajan (Advocate)     20 July 2018

Family Court want to be satisfied if there is actually no decree of divorce existing for your first marriage, you satisfy the Court and it will declare your marriage null and void and issue you decree of divorce.

The record of the Registrar of marriages will show no decree of divorce exists there and that will satisfy the Family Court.

You cannot seek dissolution of marriage by decree of divorce which is null and void, that is possible only for valid marriage.

Kumar Doab (FIN)     20 July 2018

You may preferably sum up from all threads initiated by you.

Anyone in any matter be IT family matters case; should preferably consult elders of the family, competent and experienced well wishers, help groups ( like one already suggested to you), seasoned PIP’s, NGO’s and a very able LOCAL senior counsel of unshakable repute and integrity specializing in concerned field of law say; Family matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt ……………..and show all docs/record for a considered opinion, before acting on one’s own.

 

Anyone that is not properly informed must stay away from legal matters having legal implications.

My hunch is that the family court want to get all papers signed to register 2nd marriage. The Presiding Officer/court alone would know, what exactly is the decision to be pronounced, in such (your) matters.

The marriage registered with 2nd lady may be declared null and void.

Or Probably the 4Y that you are posting as huge delay is given to you (by a good Presiding Officer) to save your neck.

You seemed to be in some kind of hurry to marry 2nd lady.

The 2nd lady (that married you against her family’s wishes) and her family are interested to get the marriage declared null and void as posted by you, nothing else. That is why there is NO inclination for anything else.

Your 1st wife is inclined to affirm agreement/divorce signed on said stamp paper, in court!

So far IT seems that you have been advised by good for nothing advisors and lawyers and you fell for allurements, got fleeced and made a mess of your own life, by agreeing for said divorce on stamp paper and 2nd marriage (registered).

You have posted that you ticked ‘divorced while applying for 2nd marriage.

Did you attach the said divorce on stamp paper?

You need a very able LOCAL counsel as already suggested to come out of the mess.

Check for such counsels at LOCAL Family/Civil courts, HC.

  


(Guest)

Well i got to know as per my yesterday's court date from Mumbai family court that Ahmedabad registrar was present in front of judge and he submitted my 2nd marriage cirtificate ( not sure if he submitted my all papers like divorce deed with 1st wife ) and now my lawyer is confident stating that judge should pass the nulity order after my written consent to the same by next date. 

  So judge wanted to clarify from Ahmedabad marriage registrar about my divorce deed, which is not divorce decree before passing nulity of marriage.

  I would have never got 2nd time married if i know that my divorce deed is not valid in the eyes of law, but i was layman as guided my lawyer that time. I hope i won't be procecuted after nullity of marriage ( my 2nd wife is also tired now and doesn't seem to be in mood to file any criminal case. hope so )

Kumar Doab (FIN)     20 July 2018

keep your fingers crossed and request your lawyer to convince the presiding officer that you ( a non technical, not a lawyer) were mislead..

and if available submit the written legal opinion if any of said good for nothing lawyer..

If the spouse is not interested for any more cases thank your stars..and lord alimghty.

 

 

Kumar Doab (FIN)     20 July 2018

Your spouse and family of psouse wanted to get the marriage declared null and void so as to avoid tag of divorced..


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