Sonam kapoor (freelancer) 27 November 2017

Advice

My sister married in arya samaj mandir in january 2010 but due to some disputes she and her husband seperated without divorce as they were under impression that arya samaj marraige is not valid without registration. Now they both ( mysister and her ex) are married to someone else but my sister's husband and my sister had a dispute and now he is forcing her to file divorce. My sister and her persent husband got their marraige registered in passport and now her present husband got a hint about her previous arya samj mandir. what will happen? is her second marraige valid bcoz both she and her ex re married separate individuals.

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5 Replies

Sonam kapoor (freelancer) 27 November 2017

Which marraige is valid?

SHIRISH PAWAR, 7738990900 (Advocate) 27 November 2017

Both can file mutual divorce petition before court.

Adv. Aditya (Litigator GROSON ADVISORS) 27 November 2017

All marriages are mandatorily to be registered. Hindu marriage is valid if along with statutory provisions, the ceremony of saptapadi is performed. it is essential, without prejudice to other sects where it not performed. So question is was it performed when you first married? if yes, the marriage is valid. Not registering the marriage will not leave it null and void. In view of this, second marriage is invalid.

so lets say, you claim your conjugal rights against your second husband. If he did not know about your first marriage and you never shared, he can resort to filing charges considering this as fraud and cheating played by you, maybe a tort case. He will most definitely dispute the legality of the second marriage.