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Jina Mondal   01 March 2020

Remarriage without taking the divorce

I am a 26 years old hindu woman who got married at the age of 16. I am living as a separated from last 7 and half years. I have a son who is 7+ and living with his paternal grand parents. My husband has not send me any money in last 4 years as my maintenance. And he is not ready to give me divorce. We don't have registered our marriage but the Hindu marriage rituals were performed and there are evidence of it.

My family wants me to remarry. Is it possible for me to remarry a man without getting divorce? I mean either registry or ritualistic marriage can be performed? Will it going to have any value in the eyes of Indian Law?


Learning

 6 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     01 March 2020

1. An Hindu marriage is Legal "ONLY" IF the Girl is minimum 18 years and Boy is 21 years ELSE the marriage is null & void ab initio and this is irrespective of how the marriage rituals were performed or registered or not registered. By virtue of this, when you married you were 16 (a void'ble marriage age) and such marriage can be "very easily" be Annulled (means never existed /cancelled) in a Court of Law. Here there is no need of a Divorce Decree proceedings.  Marriage shall be Annuled, without any reference to your children.

2. File Marriage Annulment Proceedings, based on the above. AFTER you get a favourable order, you are free to marry, as per your wish.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     01 March 2020

There are commonly two methods of ending a marriage in India either through divorce or an annulment decree from the court. Divorce dissolves a marriage whereas annulment declares a marriage as null and void as if the marriage did not happen at all. 

2 Like

Shashi Dhara   01 March 2020

Re marriage is not solution or remidy marriage has disgusted you remarriage may ruin your life,try to rcr with well wishers or for maintainenace.try to becomeindependent

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     01 March 2020

Originally posted by : OM PRAKASH
Definitely, Sh. Ramachary Rachakonda has shown the mirror to 'Hemant sir' for his foolish suggestion.

 

Kind Attention: Shri OM PRAKASH:

Try joining a street side Fiction Drama group, with all your poisoned antics, INSTEAD of spewing out your Frustrations against various voluntary EXPERTS of this Forum.

On tracking your IP address, you (as a proxy) of another North'Indian Expert, earlier too had attempted & unleased your large scale poisonous Frustrations against various voluntary EXPERTS of this Forum.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     01 March 2020

Originally posted by : OM PRAKASH
I am unnecessarily being disturbed by an idiot, who knows nothing but yet has become curse on such noble profession of helping the needy. God save my country.

Kind Attention: Shri OM PRAKASH:

Try joining a street side Fiction Drama group, with all your poisoned antics, INSTEAD of spewing out your Frustrations against various voluntary EXPERTS of this Forum.

On tracking your IP address, you (as a proxy) of another North'Indian Expert, earlier too had attempted & unleased your large scale poisonous Frustrations against various voluntary EXPERTS of this Forum.

 

Kavya Sreejith   13 May 2020

Greetings!

For a valid marriage, it is important to follow the community customs. Registration is a substantial proof of marriage. You may read the following articles - https://www.lawyersclubindia.com/articles/what-is-a-valid-marriage-under-law-10187.asp

https://www.lawyersclubindia.com/articles/marriage-registration-provision-procedure-purpose-3938.asp

Regards


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