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Rock   28 June 2015

Marrying a girl who had an unregistered marriage previously

Hi I have a long question and would be grateful if it could be answered to my satisfaction. I wish to marry a girl who had an unregistered arranged marriage almost 5 years ago. The boy loved someone else and fled to another country IMMEDIATELY after marriage.

 

Both the girl and the boy immediately signed a petition of simplified divorce which was arranged by the families as the marriage was new and there were no kids. Neither the girl or the boy appeared in front of the Judge after signing the petition, but the girl’s father told her the divorce had taken place officially. The girl asked her father for the divorce papers and he only gave her a copy of the petition of the simplified divorce.

 

The father does not approve of our planned marriage and wishes for her to get married to some family friend. Despite a long period of trying to convince him, he is not budging from his stance. We are thus planning to go for a Hindu Ceremony followed by registration but the problem is we don’t have the official or certified copy of the divorce decree. We only have a photocopy of the petition of simplified divorce as mentioned above.

 

I asked her whether she can go to the court and get a certified copy. She said that her father knows a lot of lawyers in that court and the news might reach her family before the marriage. This might create unnecessary problems prior to our planned wedding.

 

As you can see, I am now in a dilemma. If we go through with disclosing her divorced status prior to marriage, it will be a long hassle just trying to get registration done without the certified copy of the divorce decree.

 

Here are my two questions.

 

1) Is the petition with signed signatures enough as a proof of divorce in the case of mutual consent uncontested simplified divorces?

 

2) As her previous marriage is unregistered, is it possible that we both go forward with the marriage and registration without disclosing her divorced status? In the absolute worst case scenario that the boy she first married (he is now married to someone else abroad) decides to return, we have the copy of the divorce petition with signatures from both parties.

 

Would be grateful if this is answered.



Learning

 11 Replies

saravanan s (legal advisor)     28 June 2015

dear rock whatever paper that you have as a proof for divorce is not valid.divorce should be got through court only.

now if you marry the girl the girl is commiting bigamy  and she could be punished u/s 494 ipc (7 yrs imprisonment) and this case can be filed by any of the husband close relatives also.

her husband might also charge you for the offence of adultery u/s 497 ipc

above all the second marriage that she contracts with you is void

Amol Kende (No)     28 June 2015

Yes agree with saravanan, even this girl also can claim now its a heat to the mutual understanding petiotion to get resulted to divorce immidiately

thanks saravanan sir for details

1 Like

laxmi kant joshi (instructor)     28 June 2015

Before marrying with her tell her to take proper divorce from the court, without divorce decree you and she will booked under ipc sections, mr.saravanan explained you in a very simple manner .

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     28 June 2015

Yes. This offence is punishable with 494 IPC (Bigamy) and 497 IPC (Adultery).

Jai Karan Nagwan (consultant)     28 June 2015

Why queriest can not go to court and get copy of order on behalf of girl, where is requirement that girl only should go to court for obtaining copy of divorce decree.

Rock   28 June 2015

Thank you all for your replies. I would like to know how I can obtain a copy of her decree from the court? Do I need any particular information? We do not even have the case number details only a petition for divorce with the signatures of the girl and the boy.

Amol Kende (No)     28 June 2015

You can find by names online the case nos cross check once

Sachin Agarwal (Learner in Law)     01 July 2015

I dont think that any decree has been passed in this case.  There is no such term as SIMPLIFIED DIVORCE under Hindu Law. Under sec 13(b) of Hindu Marriage Act a mutual divorce can be taken.  BUT, that requires two appearances before the judge.

In ur story not even a single appearance was made.  Check out the court records, u may be  headed for a legal trouble.

Sachin Agarwal (Learner in Law)     01 July 2015

And NON Exixtence of Marriage Certificate does not invalidate any marriage.

Crores of marriages in india are without any certificate. BUT for divorce a proper decree is must.

Mimi Banerjee   01 July 2015

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Harassedexhubby (self)     07 August 2015

Find a better person to marry.. If the father has a problem to the marriage consider him to be right..

Dont know what your status is..If you were previously married/been in a relationship, this time you should be looking for something that lasts a life time.... If you were never married/been in a relationship before also you should be looking for something that lasts a lifetime..

Ofcourse if you intend to have a short marriage for dowry, money, s*xual gratification.. God help you..

 


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