Marriage
lalita devi
(Querist) 15 August 2012
This query is : Resolved
Pl see my request for guidance above. As my first husband filed and GOT a decree of divorce, I am legally divorced from my first husband. Is it not?
As my second husband and I entered into marriage, believing the validity of and words in the deed for divorce by mutual consent, and also have lived together for a long time, I would like to know the similar cases where such marriages have been upheld from the date of the same.
lalita devi
(Querist) 15 August 2012
I repeat my query.
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. He has had no connection with our family since the deed of divorce by mutual consent. My kids have been brought up totally by my second husband and me.
I am legally divorced from my first husband, as he has got a decree to this effect.
I got remarried before this decree date.
My second marriage is successful. Both my second husband and I learn now, after 30 years, that though the deed of divorce said "under 29(2) this divorce is allowed, and both the parties are free for remarriage", these words were wrongly believed by us.
Is there a site from which I can learn about similar cases?
What are the procedures to validate my second marriage from the date since it took place, as we have lived amicably and meaningfully for many years.
ajay sethi
(Expert) 15 August 2012
you have remarried before you were granted a divorce . second marriage during subsistence of marriage is not a valid marriage in eyes of law .
you have been married your second husband 30 years ago . inorder to validate your marriage you can marry your second husband now if you so desire .
