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JB (Analyst)     27 August 2015

Christian family court vs Family Court mutual consent divorce order

Dear Sir, In last month, I got the mutual consent divorce order from the court. I also got the divorce decree as well. Now I am getting ready for re-marriage. I found a girl and we have interest to proceed our marrige. Our families are also support it. As I am a christian, we have some formalities in our church for a marriage to be happen. In order to get the details about that we have approached our parish priest. I have shown the court mutual consent order along with the decree. After seeing them, he told us that as per the law I can marry a girl now. There is no problem in that. But, for christian, we are having a family court. I have to file a petition there also and both of us (myself and my ex-wife) need to appear in person infront of the court and convey our interest about the divorce. Then only they will conform our diovrce and start the chruch formalities for my new marriage. I am wondering about the priest's answer. Family court is the highest authority. Once it is decided and gave divorce to us, then what is the problem in that. Why they cant start church formalities for re-marrige?

As the priest said, If I submit my petition in the christian family court and the process gets delayed, then definitely it will affect my re-marriage. Otherwise, I will by pass church formalities and do remarriage.

What can I do now sir? Why there are two courts for christians? I am getting worried about these church formalities. Please advice on this. :-(



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 7 Replies

prabhakar advocate (advocate)     27 August 2015

Family Court's order and decree is final.  No need to  be ratified by any other court in India.  The Parish Priest's logic is most illogical and illegal.  Better for you to approach some other church, where Family Court's order is honoured.

Prabhakar - Advocate

(M)9958670740

Legal Aid panelist - Family Court - Central Delhi (Tis Hazari)


(Guest)

Where was court, where was lawyer in olden age?

All these are born after man was born.

 

Dont know what will other experts say, if a person does not go to court at all, how will even the court decide about fate of any relatinoship?  Court will eventually pass some order, but it is for the party to the case to follow such order or not.

 

Like women use thousand of loop holes in law, even men can, isnt it?

stanley (Freedom)     27 August 2015

 keeping the religions sentiments which many of us in India are bound to, to have the second marriage recognised by the church: below is how it goes - Christanity  preaches against Divorces and its only Annulment that takes place. For this you would need to go to the local Bishop Palace / Archdioce and meet the Church's Judicial Vicar, present your case. Once the Judicial Vicar accepts your case you and your spouse would be put before the Church's panel and cross questioned, there would be arguements, submission of evidences and after this the Legal team of the Church investigates and only if convinced gives a decree of annulment. 

Nowdays the church too grants divorce and it is not tough as before . Why are you so digruntled . If you dont go through the church proceedure than you want be able to receive the sacraments through the church . 

 

JB (Analyst)     27 August 2015

After multiple hearnings only the family court decided to give divorce. Since it is a mutual consent, the church court will consider it directly as a proof and cancel the marriage. What is the need of enquiring the parties again? How long a person to wait to get a happy life then? I think it is waste of time to ask the parties to come for hearnings after getting order from family court.

stanley (Freedom)     27 August 2015

@ author 

Its seems that you are madly in love and hence are in a hurry to marry again . You can do one thing get married in the court and once the church grants the annulment get married in the church once again  .

Patience and peservence are the key to sucess .

 

JB (Analyst)     27 August 2015

It is not like hurry for marriage sir. Just I asked generally. You know how difficult one to get a divorce. I struggled a lot along with my family and lost hard-earned money. Now I am seeking a happy life. Thats why I am irritated. Hope you understand my feelings.

JB (Analyst)     28 August 2015

Any update on this? Please.


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