Disclosing a previous marriage

@ Author,

1. If she is a law abiding citizen then she must disclose the truth in Sworn Affirmation during SMA Registration of Marriage as is required in accordance with Law. Since there was and there is nothing between her previous marriage so by disclosing truth families will forgive her is my view. Fresh life is always started with a clean slate is also my view. 

2. If he is knowing the truth about her past and when decree in mutual consent divorce already granted to her then he has nothing to object in present or future except some persons raise cry of 'fraud' in marriage pretending they did not knew of wife's past (i.e. her earlier marriage) and had they known about it they would not have married her! For this probability (if any) she is also required to disclose her divorce while opting for Special Marriage Act followed by Registration of marriage under SMA. 
 

3. No objections by Registrar should arise nor Registrar office searches old database. They give public notice affixation on their Notice Board for any objection to such couples marriage. Her ex husband has nothing to complain about as they already have a legal decree of mutual consent divorce in hand and any other person is non-necessary party to raise any such objections. 

4.  The question if of guilt and/or good riddance of guilt once for all of her innocent past. She should be given opportunity to make a call to decide based on above legal positions. 

[Last reply]

dear one. any unmarried man or woman can marry to another man or woman provided they are major,and otherwise competent to marry  under marriage law as hindu marriage act or sp. marriageact. either of gender, having a legally married spouse living should not contract second marriage without first obtaining legal divorce. otherwise no restriction on doing marriage. noneed of hiding or fearing any body.-prakash chandra jain advocate(d.j.) indore-09826779759.free legal aid to needy.

first of all get out of the misconception that the said marraige was a "so called marriage"

it was a registered marraige.  A legally subsisting one.  Immaturity, irresponsiblity andcoward behaviour of the couple doe snot invalidate marriage so they needed a divorce.

Now what is the proof that the new proposed husband knows background.  He can anytime feign ignorance unless notified.

a) If she omits mentioning that she was once married , would someone find out -? I mean, it would be the same sub registrars office they would be registering again !!

Ans : Matter of procedure.  Check from reigstrar office. Even Arya Samaj Mandir Insists upon affidavit.

b) When the intend to marry notice is submitted? do sub registrars office- on their own- check if such a person was already married or not? ( NOT when someone objects)

Ans : Matter of procedure.  Check from reigstrar office. Even Arya Samaj Mandir Insists upon affidavit.

c) Anyways , the divorce decree is granted, however, since- all these years - she has been living as 'single- never married' , she doesnt want this One mistake of her life  marr her possibilities of a nice future. ( Its a family thing, which wud make matters worse- hence the concern

Ans : let her hide the marriage from record and give a license to new husband to feign ignorance and file case of cheating.

She has earlier suffered from cowardice and now also wants the same.

WHO TOLD YOU THAT THE ADVISE GIVEN ON THIS FORUM IS FOR PUBLIC DISTRIBUTION.

Sudhir Ji,

Sorry, It isnt circulated and It is used as a possibility of scenarious to help my friend understand what she is letting herself into.

I havent mentioned this forum or any one's name or anything. I asked the question on her behalf as she is not computer savvy and doesnt use a computer or the internet except for emails in rare circumstances

So If i dont tell her the answer, wht was the point in asking the question in the first place?

But I am sure, all ur views along with the law,, she wud make a right decision.

Thanks :)

acknowledged.