LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mariam Taweel (not applicable)     10 August 2021

Divorce and remarriage

I had been married by nikah ceremony 10 years ago in Gujarat and this was registered with the government under registration of marriage act 2006. We then got divorced 1 year later, but the divorce was sent by post according the islamic 3 talak rule. Religiously the divorce is valid according to islamic law. It has now been 9 years since the divorce.

Do I have to register the divorce, can we register the divorce in the same way we registered the nikah marriage?

If I want to remarry, can I remarry on the basis of the letter of divorce from the previous nikah that was sent by post by the previous husband?

What are the requirements for a court marriage? 
 



Learning

 3 Replies

M V Gupta (Advocate)     10 August 2021

Registration is onying.ly for evidence purposes. Non-registration does not nullify talaq which is otherwise valid under Sharia. The Triple Talaq Act came into force in 2019. Hence the triple talaq given to you by your former husband stands valid under the law. You may however get this position verified from the local Kazi before remarrying.

1 Like

P. Venu (Advocate)     10 August 2021

Yes, the divorcé through the mode of talak is valid and there are no constraints in second marriage.

1 Like

Kevin Moses Paul   16 August 2021

As per the situation you've explained let me tell you that there is no such requirement for you to register your divorce, as the divorce that took place between you and your wife is lawful and legally binding.

Therefore, you can remarry again without any issue as the divorce that you took 9 years ago is absolutely valid.

Regards
Kevin M. Paul

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register