Right of re-marriage
Guest
(Querist) 06 February 2012
This query is : Resolved
Respected Sirs/ madams,
I have a query related to my client. My client right now at present is a man aged arnd 40 years having a girl issue aged arnd 8-10 years whose mom died 1 years 4month back, mom means the man’s wife. Now he wants to get married to a woman who is a divorcee and also having a girl of more or less 10 years.
Now can my client marry the divorcee(woman) ?
Please advice. If yes, den what is the procedure in which I should approach or if no then what bars the marriage ?
Thank you in advance.
ajay sethi
(Expert) 06 February 2012
your client is a widower . his wife died . he is free to remarry .
V R SHROFF
(Expert) 06 February 2012
NO BAR, ANY PROCEDURE, CAN MARRY.
Guest
(Querist) 06 February 2012
Thank you sirs for your responses.
Another thing is that Both of them are hindus . So, will there be any problem ? And further they both want be get married with a one month notice or within the shortest time..
Is it possible ?
And can u please tell me what i should ask for or what advice should i give at the very first meeting with my client ?
Devajyoti Barman
(Expert) 06 February 2012
Procedure is either Hindu ritualistic marriage or Registration under any Marriage Act.
Are you an advocate?
Devajyoti Barman
(Expert) 06 February 2012
If yes then do read the Matrimonial Laws specially condition for valid marriage first before meeting your client.
Guest
(Querist) 06 February 2012
Yes sir. Just completed my course a couple of months back. And most probably this will be my first case/suit.
And as per your advice i will go through the matrimonial laws but can u please specify me which act i should follow.
Hindu marriage act 1955 / Hindu Widow remarriage act 1956 / special marriage act 1954 ?
Thank you in advance sir.
Deepak Nair
(Expert) 06 February 2012
Refer to Hindu Marriage Act.
Both are free to marriage. No legal bar.
But, for the purpose of registration, the man shall produce the death certificate of his wife and the woman shall produce the certified copy of decree of divorce of her first marriage.
Guest
(Querist) 06 February 2012
Thank you seniors for your valuable opinions and suggestions. . but just one last question is that if we speed up the whole process from starting to end den how long the whole thing will take ?
Raj Kumar Makkad
(Expert) 06 February 2012
It can take only 2 hours to complete the process but please ask this question from Pandit ji because rituals have to be performed by him and not by us.
Guest
(Querist) 06 February 2012
With all respect raj kumar makkad ,i didnt ask about the rituals in this legal forum. i asked about what is the legal process ?
That is after collecting the documents that has been said by deepak nair previously, then what will be my next step ?
Guest
(Querist) 06 February 2012
and what time it will take to complete the legal process , not the ritual ?
V R SHROFF
(Expert) 06 February 2012
MY DEAR, ONLY RITUALS. & AS RIGHTLY ADVISED 2 HRS .
Guest
(Querist) 06 February 2012
So will it be just like a normal marriage under the act ?
Devajyoti Barman
(Expert) 06 February 2012
Yes, if you have any confusion then get their marriage registered under Special or Hindu MARRIAGE Act.
Guest
(Querist) 07 February 2012
Thank you Devajyoti Barman Sir. :-)
Raj Kumar Makkad
(Expert) 07 February 2012
Mukherjee! As no legal issue is involved in your entire case so I asked that it can be got done within 2 hours by Pandit ji as you both are Hindus and have no legal hurdle to perform your marriage in the given facts as advised by many experts.
M/s. Y-not legal services
(Expert) 07 February 2012
yes.. am endorsing with makkad sir's view..
no legal issue does not arise in this marriage.,
-tom-
mahendrakumar
(Expert) 07 February 2012
I feel there is something more to it,as normally such remarriages are very common.
inspite of the matter very common,why they sought the help of an advocate in this?
make sure the woman is legally divorced.
Deepak Nair
(Expert) 07 February 2012
You have to go through the same process which you went through in your first marriage.
The only additional steps are producing those documents as mentioned above for registration. This is to prove that the man and woman are not under a subsisting marital relationship. Because, Second marriage is illegalwhen the first marriage is subsisting.
Guest
(Querist) 07 February 2012
Thank you all for your valuable suggestions and opinions. They helped me a lot.
V R SHROFF
(Expert) 07 February 2012
Helped not you,
your client , who can enjoy now.
LET HIM CELEBRATE QUICKLY.
Deepak Nair
(Expert) 11 February 2012
Nice concluding note by Shroff Sir
Guest
(Querist) 11 February 2012
Dats true and yes sir, he is on the verge ... :-)
