Getting remarried to the same partner
Querist :
Anonymous
(Querist) 05 December 2009
This query is : Resolved
Dear All,
I am looking for a legal advice / suggestions.
I got married to a Christian girl two years back under the Hindu Marriage Act and we have been staying together. My my wife had converted into Hindu religion as per the law to get married.
We had got married without informing our parents at that point of time. My wife is still using her original name so far and hasn't changed it as yet ,as we wanted to keep our marriage a hidden truth to the world until we got consent from our parents.
Now we have disclosed it to our parents that we would like to get married. For which both of our parents have happily agreed. However they still don't have any idea that we are already married to each other. Now the question is
1. Can we re-marry again with each other.
if 'yes' is that legal? and what would
be the procedure.
2. Can my wife convert herself into
a Christian again. if yes what is
the procedure.
3. Can we re-marry under the 'special
marriage act',
4. If none of this is possible can we
register our marriage under different
marriage act or same act.
Also it would be great if anyone can suggest us any alternative solutions on this.
Thanks in advance for your support.
Thanks,
SS
Devajyoti Barman
(Expert) 05 December 2009
Its not clear as to whether you have got your marriage registered under the relevant provision of Hindu Marriage Act or not. If not then surely you could do now. Likewise you could again repeat the the rites and customs as prescribed by Hindu Law to show the would your marriage for the first time.
You could surely marry under Special Marriage Act but that is to be done before undergoing the Hindu marriage rituals.
To convert to Christianity you have to contact to the Church or its authority to which sect your wife actually belong.
N RAMESH.
(Expert) 05 December 2009
//1. Can we re-marry again with each other.
if 'yes' is that legal? and what would
be the procedure.//
Yes you can marry. (not re-marry). You simply ignore the earlier marriage as it is void. Because, your earlier ceremony is irregular and void and not completed as you had married a christian woman without valid document of conversion. (Conversion requires adoption of Hindu religion through Arya samaj and like institution followed by change of name through official gazette)
Now you can marry her under Special marriage act and procedure under it.
//2. Can my wife convert herself into
a Christian again. if yes what is
the procedure.//
From the answer no.1, she remains Christian.
//3. Can we re-marry under the 'special
marriage act',//
Yes. Since you both belong to different religion, you should marry under Special Marriage Act.
//4. If none of this is possible can we
register our marriage under different
marriage act or same act. //
Does not arise.
Considering the facts and circumstances of both family and the present situation, I hope this is practically safe way.
adv. rajeev ( rajoo )
(Expert) 05 December 2009
I agree with N.Ramesh. U can marry under the HIndu Marriage Act, because your wife is already converted to Hindu.
PJANARDHANA REDDY
(Expert) 05 December 2009
AFTER DIVORCE, YOU CAN MARRY ANY ONE OLD PARTNER OR NEW. HINDU/SPECIAL M ACT IT IS UPTO U BOTH 2 DECIDE.
Raj Kumar Makkad
(Expert) 05 December 2009
There is no ned for your wife ro reconvert to christian and she being a Hindu converted can marry with you as per Hindu rituals and conttinue living happy married life with the blessings of both the families.
J K Agrawal
(Expert) 05 December 2009
It is not necessary to change name after conversion in hinduism nor any specific institution is there to recognize and certify one as hindu.
Suhail suhail
(Expert) 05 December 2009
The reply has been placed in a crystal clear mode by Mr.Ramesh,that is it.
Shivasurya
(Expert) 05 December 2009
I agree with Mr. N. Ramesh
prakash vathore
(Expert) 05 December 2009
if u have had registerd ur first marriage then there is absolutely no problem, u can arrang the thing for second marriage and enjoy no need to see the legality. coz u have already married legally so second is just the function enjoyed it.
if ur first marriage is not registed then u have to follow the entire procedure
means either of u have to convert in to the religion of another, and in this case ignore the first marriage, but remember registerd ur second marriage
Arvind Singh Chauhan
(Expert) 05 December 2009
If you have got your earlier marriage registered, there is no need of any further steps. But if not, it is enough to get it registered for it's legalisation. Religion is no bar for registration. Rest depends on satisfaction and wishes of your parents.
Kamlesh soni
(Expert) 05 December 2009
There is no ned for your wife ro reconvert to christian and she being a Hindu converted can marry with you as per Hindu rituals and conttinue living happy married life with the blessings of both the families.
