Mutually Divorced and remarry query.....
Kalpesh suryawanshi
(Querist) 10 March 2017
This query is : Resolved
Tina is Mutually divorced for past 2 years from her husband and is willing to remarry sai who is unmarried and is ready for marriage with tina knowing her past marital status and divorced issue ....what would be advised to tina a court marriage or a Normal Mahanagar Palika marriage Certificate to be on a safe side for her future marriage....and is normal mahanagar plaika marriage certificate vaild proof of marriage in court ....if i have left and think untouched kindly help me out what should more be done ..... Respected all if she gets a marriage certificate form local body or municipalty without disclosing her previous divroce history mentioned on it would it be of any downpoint in future married life or in court if it is argued so and tina is one of my friends an this no MOOT query....we really curious for her kindly guide us....
Kishor Mehta
(Expert) 11 March 2017
Sir,
Mahanagarpalika can issue marriage certificate only after a regular marriage ceremony is performed and registered.
It is necessary to disclose her divorced status in the application for the marriage certificate.
Good luck,
Kishor Mehta
Rajendra K Goyal
(Expert) 11 March 2017
Agree with the expert Kishor Mehta.
You can proceed with normal marriage and get it registered or prefer court marriage.
Guest
(Expert) 11 March 2017
Agreed with Anonymous Madam RK Goyal
Dr J C Vashista
(Expert) 12 March 2017
For registration of marriage Mahanagar Palika would require evidence qua marriage, divorce from earlier marriage, residence and age proof of couple, legality of marriage etc. However, if it is registered with Mahanagar Palika is valid and legal. Whatsoever, prefer registration of the marriage with Registrar of Marriages under the provisions of appropriate personal law applicable in the case.
Non-disclosure of any relevant fact would invite action u/s 195 r/w 340 Cr PC on a specific complaint.
Pure hypothetical and academic query.
Consult your tutor.
Guest
(Expert) 12 March 2017
I honestly felt it as question paper of Personal law.
I doubt queriest is Law College student for various reasons.
1) Marriage is Marriage,
2) There are various ways all over India the way person can marry other person but codified law has restricted important steps in the ceremony.
Take For eg. in Hindu marriage seventh step is consider as completion of the marriage ceremony.
(Before that what Pandits talk only Pandit understand it , no one else in the marriage hall , God knows what he talks in so called sanskrit or any other language But that talk is not much of importance but completion of seventh round is important legally )
3) After seventh round person becomes husband and wife.
4) Codification of Hindu Marriage was done by Hindu Marriage Act , there are condition for Hindu Marriage in that act (Sorry now ans. will be to big , and I want to move ahead quickly for next question so condition I won't tell now)
5) After marriage is solemanize then as marriage proof person have to register marriage (To avoid other party denying latter) , this is generally now a days even in ward office of Municipal Corporation with two witness on either side etc
6) Marriage is over , proof of marriage both get
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7) Court marriage which all have given nick name is not done in court . It is done in front of Registar of Marriage (IN Maharashtra this powers are given to person who does Registration of documents)
8)No Ceremony is conducted only thing 1 month before marriage bride and groom have to fill form , After 1 month they give you time and date , bride and groom both have to appear in front of registrar with two witness on either side , Sign documents and you are wedfull husband and wife
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Now again Marriage is marriage you do this way or that way status will be same , in both way you will get certificate , both way you get proof . Now whether you opt for this way or that way is your choice .
But if you do seventh round marriage don't avoid marriage certification process , preferably do it on marriage day or within 2-3 days only
(In my area marriage registration is done where we go to pay water bill to corporation , Bride & groom goes there with witness purchase form from typist out side and submit to that clerk in 7 days certificate ready )
With form they ask to attach , Identity proof , age proof , residence proof
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Now I will go to the important part of the question . Previous ans. was in light mood.
1) When marrying to Divorcee , although people try to forget past and move ahead still for sake of formality and future safety Certified Divorce Decree is required . Those copy are required to be attached at time of marriage registration at both type of marriage registration (Hindu Marriage Act or Special Marriage Act)
2) Many a times we come across cases where one side say they have taken divorce but it is fake divorce that is they have not taken in Court but some kangaroo court/fake person. And this cause severe legal trouble in future for couple. Or formalities of divorce is not complete but pending in family court.
3) To avoid such complication rules which are made by state authorities (State have power to frame some rules for easy administration of law many times) They have made compulsory submission of divorce decree at time of marriage registration.
4) It is very bad to give false affidavit (This is the highest trust person can have that you are stating in Name of God , and there you go and say false then what others will have faith in you) Under the circumstances you should give true declaration in front of office that you where divorced and produce divorcee decree (Please note even marriage officer is not happy receiving such documents of past at good time but as formality it has to be done, for him too it is difficult to ask for such documents but you have to give )
Adv. Yogen Kakade
(Expert) 12 March 2017
Academic query.. all which have been posed by you so far.
Kalpesh suryawanshi
(Querist) 12 March 2017
Thank you very much all of you and especially madhu sir for detailed analysis really thanks for the time spend on my query....but just one querry the groom and bride both are Hindu so Special Marriage Act is preferred or Registered under Hindu Marriage Act would be good
......
Dr J C Vashista
(Expert) 13 March 2017
The queriest should have preferred to approach his tutor instead of experts on this platform.
However, there is a good explanation/ lecture by Madhu for such an academic question, which should have been dodged.
Guest
(Expert) 13 March 2017
I should have indeed dodged that is true . Personal Law is big boring topic
