Second marriage done
vanessa Anthony john
(Querist) 03 November 2017
This query is : Open
Hi just wanted to know how is the verification done for court marriage in catholic also wanna know if a married person having an affair and wanna get married can it be done in Mantralaya how do you people come to know if he is married earlier need help immediately plz
Ms.Usha Kapoor
(Expert) 04 November 2017
If both youand your wife are christians you are guilty of bigammy under section 494 IPC for which punishment is
1860
Section 494. Marrying again during lifetime of husband or wife. — Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Exception.—This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.
Sudhir Kumar, Advocate
(Expert) 04 November 2017
Agreeing with Ms Kapoor (who doe snot suffix Mr with my name) I would add that :-
(1) Such marriage cannot be possible without committing another offense of cheating by inpersonating as single.
(2) Such marriage is void ab-initio and can land husband in charge of rape.
(3) It it is wife who is already married then groom can also and in jail for adultery.
Vijay Raj Mahajan
(Expert) 04 November 2017
Court marriage under the Special Marriage Act,1954 is solemnised and registered in the Registrar Of Marriage Office by the Marriage Officer/Registrar. The pre-condition of the marriage itself is sufficient to check the marital status of both parties, the affidavit to this effect with other details has to be given at the time of giving notice to the Marriage Officer by both parties, the one month notice is essentially required for checking the marital status of both parties. The notice is affixed outside the marriage office as well in some states the newspaper publication carried out to check and confirm the unmarried status of both parties. If any objection reaches to marriage office within one month with regard to married status of either of the parties, no marriage conducted by the Marriage Officer/Registrar.
If by keeping the real marital status secret at the time of marriage, the parties marry then the marriage is null and void and liable for offence of bigamy u/s 494, 495 IPC as well they both made false statement on oath by giving false affidavits thus committed perjury for which Marriage Officer can get them prosecuted.
Even the Catholic marriage in Church requires reading of 3 Bans on 3 consecutive Sundays therefore any party to marriage having previous existing marriage can be identified and the marriage refused to be conducted by the Catholic Church priest.
SHIRISH PAWAR, 7738990900
(Expert) 04 November 2017
No verification procedure is provided to check whether the person is married or not. Having affair while marriage is offence. And if person wants to marry with the person to whom he having affair has to approach marriage registrar. Marriage in mantralaya is not possible.
Rajendra K Goyal
(Expert) 04 November 2017
Academic query.
State material facts of the problem if any.
How are you concerned / related with the query?
Kumar Doab
(Expert) 04 November 2017
The details of docs to be submitted is available in office and website of Registrar .........
The narration is self sufficient.
Either party has to inquire on its own and lodge complaint if facts are concealed.......
NO party that is already married should conceal and commit illegality...
vanessa Anthony john
(Querist) 06 November 2017
As this incident has happened with me and the register person said they do not verify the parties. I am married to my husband for the past eight years n there was a lady who took my husband to dubai later divorced her first husband n then got married to my husband in mumbai mantralaya court I want to know what can be done as me having two children n my husband always visited us every year n he got married to this lady in 2015 n lastyear got twins from this lady n this lady knew he was married but now when I caught them red. Handed she is lying as she always blocked me when I told her he is my husband what can be done now as whenever I try contacting her she blocks me n tell I have left ur husband
vanessa Anthony john
(Querist) 06 November 2017
This lady said if I text her will file complaint on me after I caught them as said she has left my husband but not in writing its so many years I tried contacting her dubai number but she always blocked me when I told her he is my husband she said as she was madly in love with my husband married him n now as she is caught said take ur husband n dont text her but how to get a proof stating she left him as she blocked my last number too which I am using .plz need help what can be done now
vanessa Anthony john
(Querist) 09 November 2017
As this incident has happened with me and the register person said they do not verify the parties. I am married to my husband for the past eight years n there was a lady who took my husband to dubai later divorced her first husband n then got married to my husband in mumbai mantralaya court I want to know what can be done as me having two children n my husband always visited us every year n he got married to this lady in 2015 n lastyear got twins from this lady n this lady knew he was married but now when I caught them red. Handed she is lying as she always blocked me when I told her he is my husband what can be done now as whenever I try contacting her she blocks me n tell I have left ur husband
Read more at: http://www.lawyersclubindia.com/experts/modify_message.asp?entry_id=808775
vanessa Anthony john
(Querist) 10 November 2017
Need help how to meet my husband 2nd wife as she is not ready to come in front after being caught on phone
