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Counsel__Agnes_RB (Legal Advisor)     02 December 2011

Validity of hmop divorce decree in re-marrying

Dear learned counsel fraternity,

This case is regarding an accomplice...

A hindu bride, has been granted divorce under section(s) 131a, b of the Hindu Marriage Act 1955, ex-parte. Before she is free to marry a prospective groom...

My questions on behalf of the groom and his family are:

1) What are the divorce related documents to peruse and retain copies of ?
2) Unless, explicitly stated in the decree is there an appeal period to wait for; If yes/no, by what reference ?
3) What are the legal considerations and implications, if any, to evaluate and document ?
4) Any safeguards to consider (perform), prior / after marrying
5) By performing a registered marriage alone, is the legal requirements for a valid marriage met out without any compromises ?
6) What liability on behalf of the bride, the groom and their respective families is to be assumed in this case of re-marriage ?
7) Please comment on the associated bylaws and applicability considering the groom is a eligible christian bachelor



Learning

 4 Replies

Shantanu Wavhal (Worker)     03 December 2011

Hindu + Christian marriage = not allowed under hindu marriage act. It will be void. Go for special Marriage Act.

answers to ur questions : 

1) What are the divorce related documents to peruse and retain copies of ?

Divorce decree issued by court.
 

2) Unless, explicitly stated in the decree is there an appeal period to wait for; If yes/no, by what reference ?

Appeals from decrees and orders

(1)        All decree made by the court in any proceeding under this Act shall, subject to the provisions of sub section (3), be appealable as decrees of the court made in the exercise of its original civil jurisdiction, and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in the exercise of its original civil jurisdiction.

(2)        Orders made by the court in any proceedings under this Act under section 25 or section 26 shall, subject to the provision or sub section (3), be appealable if they are not interim orders, and every such appeal shall lie to the court to which appeals ordinarily lie from the decision of the court given in exercise of its original civil jurisdiction.

(3)        There shall be not appeal under this section on the subject of costs only.

(4)        Every appeal under this section shall be preferred within a period of  thirty days from the date of the decree or order.

 
3) What are the legal considerations and implications, if any, to evaluate and document ?
no need to evaluate court decree
4) Any safeguards to consider (perform), prior / after marrying
---------------------. Consider Special marriage act.
5) By performing a registered marriage alone, is the legal requirements for a valid marriage met out without any compromises ?
---------------------
6) What liability on behalf of the bride, the groom and their respective families is to be assumed in this case of re-marriage ?
---------------------
7) Please comment on the associated bylaws and applicability considering the groom is a eligible christian bachelor
 
kindly refer HMA, 1955.
i m posting a link :
 

wishing you good luck

 

Shantanu Wavhal (Worker)     03 December 2011

Forum Home > Divorce > Family Law > Validity of hmop divorce decree in re-marrying

what is hmop divorce decree ??

 

A hindu bride, has been granted divorce under section(s) 131a, b of the Hindu Marriage Act 1955

under both 13 a and 13 b ??

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     03 December 2011

amit is right

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 December 2011

Nothing more needs to be added.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

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