Second marraige validity before divorce
ramasamy
(Querist) 15 November 2016
This query is : Resolved
Hi,
I got married on 1999 and had two kids in my first marriage and due to continuous misunderstanding we both of us separated in 2009 and filled the mutual divorce case in the family court. Meantime, I got second marriage on 2010 due to my health issue and lived with my second wife. During that course of time, we both(myself and my first wife) got separation by divorce given by honorable family court. My first wife has taken Two kids custody and separated from me by court.
Now I have two kids and living with my second wife since 2010. Now I planning to go to CANADA and trying for PR as well .
In PR form ,they have asked me to produce the divorce certificate if I divorced and marriage certificate if I married. What should I do now. I can’t produce both the documents due to year conflict. Also Immigration have also mentioned for living together option as well. If I show living together I should show some documents for evidence.
Question is here,
Whether I can show my divorce certificate and saying that I have been living with my second wife in living together law even before my divorce
Or what would be your advice. ( My first kid was born before I got divorce which is on 2011.)
Please advise me which documents I can produce for PR immigration.
Regards,
Ram
Guest
(Expert) 15 November 2016
Consult The Passport Agents of your Place and Seek the Possibility of Surrendering and Obtaining New Passport.
Kumar Doab
(Expert) 15 November 2016
It is believed that you are Hindu.
Living together like husband and wife is deemed relation of husband and wife.
The Hindu male can't marry 2nd time during subsistence of 1st marriage.
The children are your legal heirs.
The call is with Passport Officer.
Sudhir Kumar, Advocate
(Expert) 15 November 2016
IN the eye of law you are married opnly once.
the so called second wife is not wife. you married her while you already had a wife and subsequently got divorce (not on the date of so called second marriage). This marriage is void.
Sankaranarayanan
(Expert) 15 November 2016
the second marriage certificate is invalid before law .
Kumar Doab
(Expert) 15 November 2016
You are about to submit marriage certificate.
What was stated while applying?
Usually there is a column e.g;
3.
(f) Civil condition at the time of marriage :……………………………..
Whether unmarried or widower or divorcee
http://chandigarh.gov.in/upload/dc_frm03.pdf
Rajendra K Goyal
(Expert) 15 November 2016
discuss in detail with immigration expert consultant.
Devajyoti Barman
(Expert) 15 November 2016
Better produce marriage certificate of your second marriage and birth certificates of children born out of your second marriage.
Guest
(Expert) 15 November 2016
Querist/Authors approach here Only for a Solution/Remedy For their Problems and we should only Pity Some One who approaches Personally to People who would Complicate More their Issues.My Post is Purely Based on the Last Post Before this.Nothing wrong to Say Precisely to Mr.Devajyoti Barman Only
Guest
(Expert) 15 November 2016
As an Advocate We also Defend Murderers When they Approaches Us for a Remedy.If not we would Refuse But Not would Complicate them More.
Guest
(Expert) 15 November 2016
Recently a young Man of 25 years Came and Felt at my Feet while I was coming Out of High Court.When Enquired he Said he Had Committed a Murder Just before two hours.He had recently married the Girl whom he had Loved and the Girl's mother was a widow having affair with a Politician.The Newly Married couple used to have Petty Quarrels which is common in Every Newly Married couple and the Politician Used to take advantage and for the Recent quarrel also he took away the girl and tried to Misbehave with her and the Girl complained it to her Husband.Then the Murder took Place and I surrendered him in Court.Here only the Circumstances made him a Murderer and the Person Died is Not an Innocent Angel.I can Not Keep Telling the Boy you are a Murderer and should serve Life Imprisonment.Any Problem would have a solution with A Proper Approach.
Guest
(Expert) 15 November 2016
Kind attention Mr.Devajyoti Barman.Please Avoid Insulting the Innocent Querist/Author who Approaches Here for Remedy .If Possible give a Reply Or Just Ignore them Your Post Is It Reasonable/Justifiable.Obviously they know their Mistakes and they Come Here Only Seeking A Remedy.Better help them Or Ignore them But Please Dont Insult Them
P. Venu
(Expert) 16 November 2016
There appears to be no legal issues. The second marriage, even if irregular, has been regularised by subsequent events as the first wife has not made allegation of bigamy nor has she frustrated the divorce proceedings on this account. The administrative/executive authorities cannot interfere in the private affairs of citizens on ground of perceived morality.
Guest
(Expert) 16 November 2016
As Per HIndu Marriage Act 1955 the Marriage after First Marriage is Void but it has to be Decided by Court.Only the First wife could file A complaint in the Court basing On her Objections.Police Can Not Take Suo moto Decisions /action in this with out a complaint from First wife.In Tamil Nadu A Very senior Most Politician is having two wives with out any hindrance as his First wife had not raised any legal objections
Guest
(Expert) 16 November 2016
But in This Case From the Point Of view of PR It would be Illegal to marry a Second wife during the Process of Divorce.Normally the Mutual Consent Divorce should be completed in 6 month Time but in this case why there was delay that has taken in to account.
Kumar Doab
(Expert) 16 November 2016
The call is with Passport Officer.
P. Venu
(Expert) 16 November 2016
It is felt that the Passport Officer has no jurisdiction decide any aspect other than the criminal antecedents. It is not the case that passports would be issued to only those who are saints.
Rajendra K Goyal
(Expert) 16 November 2016
Immigration department Canada may not object.
Kumar Doab
(Expert) 16 November 2016
Venu Sir,
You are precisely right; "It is not the case that passports would be issued to only those who are saints.'
The author has apprehensions on conflicting dates...............on his docs.............that he is to submit to passport office.
The call is with Passport Officer.
Either the passport officer has already commented or his agent/source might have pointed out.............or he has anticipated.
Either author can apply his resources and find out what would be the reaction or comment.................and do his homework...........Or prepare his reply...
Rajendra K Goyal
(Expert) 16 November 2016
Again repeat to consult an immigration / passport consultant.
Guest
(Expert) 16 November 2016
Mr. Ramasamy,
The title of your query and the text are contradictory to each other in so far as your passport office problem is concerned. In the title of the query, you have asked about the validity of the second marriage before divorce, while description of your question is about immigration problem.
So, your question, "Whether I can show my divorce certificate and saying that I have been living with my second wife in living together law even before my divorce
Or what would be your advice. ( My first kid was born before I got divorce which is on 2011.)" has little relevance with your second marriage without divorce with reference to your passport problem, unless you have declared that you have been married twice.
I am of the firm view that the Passport Office has no jurisdiction to ask with whom you live or whether you live before or after divorce. They would only be interested with your marital status, whatever you would have shown in your existing passport.
However, if anyone can challenge the validity of your marriage is your first wife, your employer (if you are working an any Government office) or the law enforcement authorities.
Kumar Doab
(Expert) 16 November 2016
Validity of 1st,2nd marriage has already been discussed.
You have posted that:
"In PR form ,they have asked me to produce the divorce certificate if I divorced and marriage certificate if I married.'
Mr. N.J.S Rajkumar,Mr. Devajyoti Barman have already pointed the perspectives.
Mr. Rajendra K Goyal has reiterated a perspective.
"My first wife has taken Two kids custody and separated from me by court.
Now I have two kids and living with my second wife since 2010."
Have you been asked to write how many kids you have?
You have pointed; 4 kids.
The child born before 2nd marriage is your legal heir.
The child born after 2nd marriage is your legitimate and legal heir.
The 2 kids from 1st marriage are legitimate and legal heir.
Is their any column on number of children?
Have you already filled and submitted?
If marriage registration form was same as in link provided in previous post then what was reply to respective column say;
3.
(f) Civil condition at the time of marriage :……………………………..
Whether unmarried or widower or divorcee
If you have not submitted any form till now then why don't you address all issues in one go.
The issues imply; that you have posted and that you have not posted.
Sum up and discuss in person with your local counsel.
Your own counsel can also advise you on bearing that each information and document that you submit shall have on you, in future as well.
