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Honney_1234 (HR)     12 May 2017

Remarriage without divorce

Hi, 

Please guide me. 

1. Without divorce in court, is it possible to remarry in court? Can court provvide marriage certificate. 

 



Learning

 8 Replies

Rajiv Rai (Advocate) (civil lawyer)     13 May 2017

 यदि शादी एक बार संपन्न हो चुकी है तो तो बिना divorce के दूसरी शादी और वो भी through court संभव नहीं है |

Vinod shah (legal assistance for victims of system. findjobs02@gmail.com)     13 May 2017

First of all once married divorce is not easy. And even if you get remarried it will create further complicated cases from earlier wife.

 

Yes for similar cases there are simple solutions.  You can appoint a   lady house manager to look after your household matters .and manager property.

 

However for this you will have to spare time and tour in rural areas to find a suitable candidate who should not create problems.  Now with food, shelter and security you can get such persons.

dr g balakrishnan (advocate/counsel supreme court)     13 May 2017

I presume your word 'remarry' is to say if you  have not taken any marriage certificate earlier, now you want  marriage certificate you need to marry your own earlier spouse , if so you need to execute an Affidavit before that marriage registrar, why you want to remarry, if the affidavit is reasonable the registrar might accordingly execute your remarriage but entering your marriage date of some earlier period on your both solemn affrmation is possible. 

Kumar Doab (FIN)     13 May 2017

It is believed that you are Hindu.

Confirm!

Kumar Doab (FIN)     13 May 2017

From court marriage probably you are referring to:

Registered Marriage……..

 

GO thru:

Central Government Act

The Special Marriage Act, 1954

 

4. Conditions relating to solemnization of special marriages.

(a) neither party has a spouse living

https://indiankanoon.org/doc/4234/

Kumar Doab (FIN)     13 May 2017

 

Marriage Certificate and Registration:

Q. Which papers/documents/fees, do I take with me?

5.Affidavit by both the parties stating place and date of marriage, date of birth, marital status at the time of marriage and nationality

11. Attested copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.

 

Q. What will be the criteria used while deciding my case?

A) Hindu Marriage Act

Verification of all the documents is carried out on the date of application and a day is fixed and communicated to the parties for registration. On the said day, both parties, alongwith a Gazetted Officer who attended their marriage, need to be present before the SDM. The Certificate is issued on the same day.

B) Special Marriage Act

Both parties are required to be present after submission of documents for issuance of public notice inviting objections. One copy of notice is pasted on the notice board of the office and copy of the notice is sent by registered post to both parties as per address given by them. Registration is done 30 days after the date of notice after deciding any objection that may have been received during that period by the SDM. Both parties alongwith three witnesses are required to be present on the date of registration.

 

           

https://delhi.gov.in/wps/wcm/connect/DoIT/delhi+govt/community/marriage+certificate+and+registration

 

Kumar Doab (FIN)     13 May 2017

You may also go thru:

Notice of Marriage and Declaration of Bride and Bridegroom.

Status has to be declared e.g:

1. Unmarried

2. Widower/Widow

3. Divorcee

Kumar Doab (FIN)     13 May 2017

You are a wife or husband.

In many threads you have posted as wife and in others as husband.

 

Soi you have raised queries as: both.

 

“My wife was with me in delhi” 

https://www.lawyersclubindia.com/forum/Divorce-99929.asp

“My wife is sending legal notice to my native place address”

https://www.lawyersclubindia.com/experts/Getting-legal-notice-from-wife-470466.asp

 

“I am a lady married in the year 2006”

https://www.lawyersclubindia.com/forum/Divorce-decree-149427.asp


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