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nishi (Private)     23 January 2012

Second marriage divorce

 

 

This is very unfortunate that I have to write all this, but who control the destiny.  This is about my sister. The case facts are as follows.

 

  1.   She got married in 2001 and divorced after 10 years due to some unfortunate circumstances. The first marriage was not registered and divorce also simple completed on stamp paper/affidavit with few seniors members of our Samaj witness on it without going into the court.
  2.  She married second time in Arya Samaja in Mumbai in June 2011 and marriage was not registered. After few months of marriage she was tortured and harassed daily, so I went to her house with police and bought her back. Police filed a NC against the inlaws and we also submitted the complaint in writing through dispatch department in Mumbai. The marriage will completion period is  around 7 months
  3.  Now I want to know that how can I proceed for divorce?. The sisters inlaws are ready for Mutual Separation.

 

Since second marriage was not registered, is it necessary to go to the court for divorce procedure?

 Appreciate if Seniors can give me some ideas and procedure.  



Learning

 23 Replies


(Guest)

Better take divorce as you said MCD. First marriage is legally not divorced.

Sameer12345 (SSE)     23 January 2012

Divorce on Stamp paper is not valid...

Second Marriage is void...

 

1 Like

Shantanu Wavhal (Worker)     23 January 2012

registration is only a proof of marriage.

2nd marriage is void.

divorce is not applicable.

formal declaration from court is not necessary.

1 Like

nishi (Private)     23 January 2012

Thank you seniors for your quick response. If registration is necessary, than first marriage was also not registered as well. So can that be construed as legal marriage then??

 

Sameer12345 (SSE)     23 January 2012

First marriage even if not registered... Its a valid marriage, needs to be disolved from court only......

1 Like

Shantanu Wavhal (Worker)     23 January 2012

The mere fact that marriage has been registered would not convert an invalid marriage into valid one. In the case of an invalid marriage which has been registered a suit for declaration of marriage as invalid is maintainable.-Krishan Paul v.Ashok Kumar Paul 1982 HLR478

1 Like

nishi (Private)     23 January 2012

Dear Amit/ Sameer

I am not a leagl eagle like you so what I want to know in simple wording is that, do my sister needs to do all the MCD procedure or not keeping in mid all the facts as above that first marriage was not registered and also divorce was on simple stamp paper.

 

Thanks again for taking out a time.

Rgds

Nishi

Shantanu Wavhal (Worker)     23 January 2012

first marriage is valid.

it should be dissolved legally by competent court by issuing divorce decree.

the deed of divorce is having no value. it does not dissolve first marriage.

second marriage is no marriage in the eyes of law as it happened without dissolving first marriage.

so the first marriage still subsists in the eyes of law.

second marriage is void. so divorce is not applicable to 2nd marriage.

u may file petition u/s 11 of HMA, 1955 to get second marriage declared void by court.

if u apply for divorce for 2 nd marriage, ur divorce petition will not be maintainable.


1 Like

(Guest)

Dear Nishi,

as ur sister first marriage is still alive and valid as per law and this second marriage is totally void hence no value in the eyes of law.

further if u need divorce then surely u can/ ur sister can..

feel free to provide me the details of the case or call/ contact me asap to proceed further.

 

Manoj kumar,

Advocate,

Delhi.
Ph: 09310443650 / 09319220768

Email: advocates.agra@gmail.com

"Speak less to the people whom you like most... Because if they can't understand your silence ......They can never understand your words...!!"

 

nishi (Private)     23 January 2012

Dear Manoj,

My sister stays in Mumbai and marriage was also in Mumbai. 

Regards

Nishi

Chaitanya_Lawyer_Mumbai (Lawyer)     23 January 2012

Even though first marriage was not registered,wedding photos are enough proof that it is still a valid marriage.

You can file petition to declare second marriage as void in family court,Mumbai.

nishi (Private)     23 January 2012

Thank you very much for your advice.

 

What is the procedure for filing petition to declare second marriage as void in family court,Mumbai.

 

Regards

Nishi

Chaitanya_Lawyer_Mumbai (Lawyer)     23 January 2012

You can contact any lawyer with your case facts & marriage proofs.you can send PM or contact me.

Shantanu Wavhal (Worker)     23 January 2012

file petition u/s 11 of HMA, 1955 to get second marriage declared void by court.

 

before filing, be aware of IPC 420, 494, 495, 496, 

also central civil servises conduct rule (if the party is govt. servant)

1 Like

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