Marriage
lalita devi
(Querist) 10 August 2012
This query is : Resolved
I was granted divorce by a deed of mutual consent. My first husband and the lawyer made me to believe that this was final, the words were under 29(2) this divorce is allowed and either parties are free to remarry. I remarried soon after this, by a registered marriage. The deed was given as evidence of my divorce. Both my husband and I believed in the divorce of deed. 3 years after my remarriage, my first husband filed for a decree of divorce. Due financial and time constraints, I did not contest this, as by that time I was also settled in my new family and this was a crucial period in my kids' education. Now, after all these years, I learn from similar cases, that since my remarriage was before the divorce decree, it is not valid in the eyes of the law. My kids and I have seen happiness only with my second husband. I want to validate my second marriage. The interest is doing the right thing. My first husband is remarried. My kids have been brought up totally by my second husband and me.
lalita devi
(Querist) 10 August 2012
I want to know the procedure to get a decree that my second marriage is valid.
lalita devi
(Querist) 10 August 2012
Also,I would like to see judgements in similar cases, validating remarriage, taken place in total faith deed of mutual consent, as also successful sustenance of that remarriage for long period.
V R SHROFF
(Expert) 10 August 2012
are you facing any court case?? If NBo, forget.
You register your second marriage the day you got married. Unchelleged, it is a proof, and valid, as first husband is not likely to claim anything, being remarried before decree!!
Nadeem Qureshi
(Expert) 11 August 2012
Dear Querist
if you ahve follow any tradition/custom as per section 29 of Hindu Marriage act, 1955
29. Savings.-
(1) A marriage solemnized between Hindus before the commencement of this Act, which is otherwise valid, shall not be deemed to be invalid or even to have been invalid by reason only of the fact that the parties thereto belonged to the same gotra or pravara or belonged to different religions, castes or sub-divisions of the same caste.
(2) Nothing contained in this Act shall be deemed to affect any right recognised by custom or conferred by any special enactment to obtain the dissolution of a Hindu marriage, whether solemnized before or after the commencement of this Act.
(3) Nothing contained in this Act shall affect any proceeding under any law for the time being in force for declaring any marriage to be null and void or for annulling or dissolving any marriage or for judicial separation pending at the commencement of this Act, and any such proceeding may be continued and determined as if this Act had not been passed.
(4) Nothing contained in this Act shall be deemed to affect the provisions contained in the Special marriage Act, 1954 (43 of 1954) with respect to marriages between Hinds solemnized under that Act, whether before or after the commencement of this Act.
If the custom is not avaliable in your case your second marriage is void ab initio, as per Hindu Marriage Act, 1955
As you informed that your first husband has been filed a divorce petition against you before the court and if you know, you should get the summon of the case and hide to your self from the proceeding, end of the day your first husband get ex-party divorce against you.
Feel free to call
