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myselflife (job)     01 December 2012

Leagal secret court marrige

dear sir/ madam

 

mere cousion bhai ki shadi 1996 ko hui thi, shadi k bad 4 sal tak sath rahne ke bad 2001 se uski biwi apne mayke rah rahi thi, uske bad 2011 me ladki ki family member se ladke ke family member ne milkar samjota kiya or sade paper pe likh kar liya or unko likh kar diya ki aaj k bad hamara or tumhara koi rishta nahi hai or aap apne ladke ki shadi kahi bhi kar sakte hai or hum bhi apni ladki ki shadi kahi bhi kar sakte hai, ab mere bhai ki shadi karni hai or wo bhi court se to kya hum ye shadi court se kar sakte hai ???

or kar sakte hai to kya kya paper lagenge?? or kya ye shadi leagal mani jayegi??

plz help me



 2 Replies

Ranee....... (NA)     01 December 2012

nehi, ye shaadi legal nehi hoga, because they are not legally divorced.

Tajobsindia (Senior Partner )     01 December 2012

1. Without formally getting decree in divorce from a competent Court he should not marry again.
2. The plain paper agreement is not valid legal document for either parties re-marriage.
3. The first thing he should do is to file a civil injunction suit against his wife “not to re-marry” till divorce decree in hand. The second thing he should do is to opt for Mutual Consent Divorce (MCD) via competent Court which takes minimum 6 months. In MCD both parties can make an MoU (Agreement) encompassing various terms and conditions and get enquiry of said Court done with during first motion and second motion and get decree in MCD proceedings all in 6 months time. Then only either or both can re-marry legally otherwise in future there will be problem as in your brief after 2001 she / her side suddenly woke up in 2011 to get “private paper” signed which is fishy dealing not tenable before eyes of matrimonial personal Laws of the land is my view.
4. Ask him to consult locally with an advocate via reference or search one here from LCI Lawyers database.

Take printout of reply and discuss with a competent divorce lawyer locally if language is issue to understand what has been said above.


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