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Jay (Team Member)     11 April 2010

Divorce Query

Hi, I would like to know something regarding Divorce. Suppose if a girl marrying a guy at underage around when girl is of 18 years and guy is of 19 years (around in 2004), however by submitting proof showing that they are above 21 years of age, is this called legal marriage ?? or its null and void (without divorce girl can marry another guy) ??



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 2 Replies

gaurav (Associate)     13 April 2010

first of all, the legal scene is such, that the boy and girl must be minimum 21 and 18 respectively as on date of marriage like this the marriage is legally valid if rest of the formalities are also complied with like the consent of both etc etc..  Now, if she wants to get married with someone else, she has to get divorce to the first guy otherwise her marriage with the next guy will stand invalid in the eyes of law.

gaurav (Associate)     13 April 2010

Hi, Mr. Jay try to understand,

until it is known or challenged that their birth certificates are forged, their marriage is certainly legally valid. And she cannot further remarry till their original marriage sustains.  But, as and when it is challenged by either of these two or by anyone else that the certifcate is incorrect, the marriage would be null and void. But, she cannot remarry without seeking divorce in the court because the original marriage whether it was valid or not is registered. That's why she has to withdraw herself by way of divorce petition from the court itself.

 

So, here she has to seek divorce first from the court then only she can legally marry.


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