I'm confused to my marriage.

@ Author,

1.    If a Hindu marriage is performed with all the essential ceremonies the marriage is valid. If all the essential ceremonies are not performed, Registration of the marriage does not itself make the marriage valid. There are two essential ceremonies that must be performed i.e. saptapadi and invocation before the fire or if there is custom peculiar to party the same must be performed.

2.       The second marriage if registered after taking proper divorce from previous marriage which you say you have taken MCD in previous marriage then your second marriage is a valid marriage. But, the second marriage Registration is not a valid Registration of Marriage as one of the Statements given to Register the marriage is believed to be a False Statement made knowing well it to be untrue as per S. 199 of IPC.

3.       If your second husband challenges the Registration of Marriage then only thing that you will be subject to provided such challenge if proved is punishment in accordance with above Law and may lead to divorce.

4.    However, if Registration of marriage is challenged then there is a procedure called ‘plea bargaining’ if proved the Statement given by one party during Registration of Marriage was intentional false statement which comes out only with leading evidences - cross examination of you and not summarily. The moment you declare upon facing such challenge that such and such Statement believed to be False was unintentional and unintended and admit guilt and seek plea bargaining, lesser punishment and/or summary cost may be given which are all matter of trial in a Court of Law r/w only if your second husband after knowing all these would take you to Court???. 

Unless previous marriage was dissolved through proper court proceedings, you are not legally divorced from your first husband. Any subsequent marriage would be null and void or voidable.

If you were legally divorced from your first husband but have not stated the facts correctly in your second marriage, he can challenge it in the future to get your marriage null and void on grounds of fraud. If you were not divorced in the first place, then your second marriage is null and void without him taking any step towards it. But if he knowingly misleads you that it is NOT null and void, then he can be in big trouble. He would have effectively committed rape by having misled you that you were his legally wedded wife. There is a specific IPC code for that. As you can see, all this gets complicated if it is not done correctly in the eyes of law. Not a good idea to use your real name on this forum. I presume that is a made up name. If not, delete the entries here.

I am not an advocate but participate in this forum usually to help abused husbands as I was victimized by my ex-.

I HAVE VALID MUTUAL DIVORCE CERTIFIED COPY FROM COURT.MY SECOND HUSBAND KNOW EVERY THING.MY SECOND HUSBAND KNOW I'M DIVORCE BUT HE DON'T INFORM THIS MATTER TO OTHER PERSON FOR BOTH FAMILY RESPECT.

I took this decision because I filled up my marriage registry from in front of my present. My second husband support to me for do this.

plz some advice to me .

Dear Advocates,

plz help, tell me  what i do.?

1.       The remedy now if Husband is already aware of ‘falsity’ and is thought not to agitate about it against you in a Court of Law is to Register marriage under Special Marriage Act and use Special Marriage Act Registration certificate for any public purposes and not previous issued marriage Certificate which was issued under Hindu Marriage Act at all. i.e.keep previous Registration Certificate at a safe place.
Reasoning:
A. He cannot later agitate to your ‘falsity’ in any Court of Law as once Registration now done under Special Marriage Act he becomes party to it and acts in 'collusion' which is not allowed in Law for seeking any remedy in once favor.
B. In future if situation becomes worse and parties marriage comes to divorce table then applicable laws or grounds to dissolve prties marriage are going to be as per Special Marriage Act and not Hindu Marriage Act.
C. Even if current Registered Marriage Certificate continued to be used to bring any Suit matter such as on 'fraud' grounds then such  ground suit matter has to be brought for seeking relief within 1 year of its 'discovery' by husband and then 'cohibition as husband and wife' should be stopped immediately. So you can wait for 1 year more and see development of such situation in your husband, if Registration under Special Marriage Act is not opted for now as alternate remedy.
D. One can Register marriage under both Acts but once parties marriage is first registered under Special Marriage Act, then parties cannot register next under Hindu Marriage Act whereas one can do the reverse.

[Last reply]

I think that the Core problem now is to protect yourself from the falsity signed on by you, with knowledge of your husband. In addition to registering your marriage again, as advised by someone here, you could also BOTH file some papers with the Marriage Registration authority where you had registered earlier and inform them that there was a mistake in the initial filing and to have it corrected. Do so through two affidavits, one by you and one by your current husband. Both affidavits should expressly also state that both parties were aware at the very outset of the earlier divorce and this was just an inadvertent error. I think that should fix all possible future problems on this issue. Whether you repeat the registration under Special marriage act or not, is another issue. You absolutely need to fix the earlier "mistake" and do while your relationship is good.

My second husband told me that put the unmarried status when u will fill up the marriage registry form.coz he don't want anybody knows to my past life.i want to know one thinks my marriage is valid or not.

plz tell me sir.