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joe (proprietor)     18 May 2012

My close friend is getting remarried without divorcing the f

hello,

Im sorry but i would like urgent advice on tis matter... please help!

a very close friend of mine (a christian), married a muslim girl after converting her to a christian...He took help from an agent who then arranged a priest to be present for converting her to a christian. They completed all procedure of conversion, exchanged rings, and then got married in a court and obtained a marriage certificate for the same.(All this info was given to me,his mother and his sisters by himself)

I have seen the marriage certificate, it looked pretty genuine, just like mine, just that in my marriage cert all data was hand written and his was printed .

They never lived together as their families did not agree. The families met and destroyed the marriage certificate.

Now he wants to get baptised and remarried, without informing anyone in the girls(new to-be wife) family.

When we forced him to file for divorce first, he threatened not to get married ever, leave the house, etc. and claims that all docs of prev marrige was destroyed.

He and the new to-be wife are in love and he doesnt  want to tell her or her family anything.

We found out that the court of marriage where they got married has been shut down, and the priest who converted the firt girl has passed away.

 

can he or his family fall in any kind of trouble? His father does not know about.it, but all others do.

Can he be tried in court?

Will his prev. marriage data come up during his present wedding?

Will he have any problem while making his passport, or any other docs?

are there any legal complications?

Please reply, would like expert help and advice.



Learning

 8 Replies


(Guest)

If he contracts the second marriage without dissolving his first marriage, he shall be guilty of the offence of bigamy u/s 494 IPC, which prescribes a punishment of up to 7 years for a person who remarries during the subsistence of his/her marriage.

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     18 May 2012

ashish is rightly advise.

read section 494 IPC 

Section 494. Marrying again during lifetime of husband or wife

 

Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.

 

Exception.—This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction,

 

nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Compoundable by the husband or wife of the person so marrying with the permission of the court.

 

State Amendment

 

Andhra Pradesh

 

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 Feel free to Call

1 Like

joe (proprietor)     18 May 2012

Thank you for your valuable advice.

I would like to add that he(my friend) though his was a court marriage and the certificate was destroyed,

1) will he have to  obtain another certificate? does the govt. reproduce the certificte on request (or with whatever fee), 

2) Does another copy of the certificate exist to be reffered to by another lawyer? or is there any record anywhere?

is there an online database which we can go thru?

because he says the only record was the marriage cert., which is now destroyed.

joe (proprietor)     18 May 2012

please advice...

RAKESH PIPRODIA (ADVOCATE)     20 May 2012

Once a certificate is been issued from the court or any government bodies, duplicate copies or the certified copies are been easily applied for and issued. Fisrt solve the past and than enter the second one

1 Like

K.K.Ganguly (Advocate)     21 May 2012

Stop his remarriage before divorcing his  wife whom he had lawfully married. The arm of Law in our country is not that weak that it can be broken on the pretex that "certificate destroyed" , "priest died' etc. He will head disaster.

1 Like

joe (proprietor)     28 May 2012

 

Dear Sirs,

My friend has now told his father after our forcing him, he somehow convinced him and now his father also tells that the everything was fake and the priest was a fraud, he is refusing to findout anything regarding the first wedding.

We had been to the marriage registrars office and foundout that there is no record of the wedding in the registrars office as well as on his computer. We were told that once a certificate is issued registration of the marriage is another process.....which never happened in this case.

Now since the certificate i saw was in a printed format...i believe there must be a soft copy of the same somewhere, i am trying to find that and i need your help on how to go do that.

He also claims that the priest issued the marriage certificate and also an agent was involved. Does a priest have the authority to issue marriage certificates?  then why should anyone go to courts, they can get married with any priests' help. Now that the priest is dead (so he claims) we dont know where to check.

PLEASE HELP ME AND GUIDE ME TO FIND OUT THE CERTIFICATE.

K.K.Ganguly (Advocate)     28 May 2012

The original certificate has already been ben destroyed. Why do you want  help and guidance to find out the Duplicate Certificate? The legal system is made in such a way that  this type of things are not allowed to take place, otherwise anybody (husband or wife) would have escaped the cluches of law  just by destroying the marriage certificate & would not have taken the tedious path of going to Court for Mutual Consent Divorce. The copies  of the destroyed marriage certificate or record of the marriage  has been preserved in proper place &  the thought that the duplicate also can be destroyed and the event of the marriage will be thus erased is childish. Refrain from thinking so. Go legally. Go for MCD otherwise the second marriage without divorcing the first wife will be Null & Void & the man will be charged with Bigamy which will send him to Jail.

 

Best of luck.

 


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