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Reg : second marriage clarification.

(Querist) 15 September 2014 This query is : Resolved 
Iam a divorced person from Chennai and i got divorced through court of law , now iam looking for second marriage and got an alliance who is also divorced but does not in the possession of court divorce orders, she have a copy of settlement written in front of notary and protection officer, domestic violence 2005 that too a photo copy paper. Whether this is a valid document to go ahead for marriage ? what will happen if i marry this girl with this documents ? Is iam also liable for prosecution ? whether its effect my passport and immigration status also ?
Request for advice.
ROHIT SHARMA (Expert) 15 September 2014
Dear Arun,

1. The documents that which she has are secondary evidences and acceptable as valid proof. This is a kind of mutual consent divorce although a legal decree has not been obtained.

2. To secure and preempt the doubts that you have as to whether it would be o.k. to get married to such a divorcee, you need to have an affidavit made by her that she has the consent of her ex-husband for such divorce.

3. still if your wish to be sure of such action then it calls for further personal verbal discussion as to know the back ground of the case and for that you may consider to opt to have private legal consultation with this lawyer.

Regards,
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 0-9824047971.
Anirudh (Expert) 15 September 2014
Mr. Rohit Sharma,
Seems to be thick-skinned. He is incorrigible. He is repeatedly soliciting clients through this LCI Forum.
THE ADMINISTRATION HAS TO STEP IN AND STOP THIS MENACE.
Advocate. Arunagiri (Expert) 15 September 2014
Only the court can award divorce.

Notary agreement is not valid.

It will be a criminal case.

Rajendra K Goyal (Expert) 15 September 2014
The divorce should be through court even if it is mutual consent divorce.

Troubles can come if you proceed.
Devajyoti Barman (Expert) 16 September 2014
Unless and until the dissolution of marriage is stamped by court in a manner of passing decree, no other document has no force in the eye of law.
ajay sethi (Expert) 16 September 2014
notarised divorce are not valid . divorce decree has to be passed by court only . insist on court orders for dissolution of marriage


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