manjushree (admin) 03 October 2017

Second marriage registration procedure

Dear Sir/Madam,

I need your valuable suggestion for second marriage for one of my friend. Her husband left her 4years back and never called or came back to see her, even does not know where is he? So now she decided to get married. But, she does not have divorce certificate or death certificate. How to proceed further. Now, she want to get married legally through registration marriage.

Pls suggest. Its her life matter.

Regards,

Manju

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5 Replies

Vijay Raj Mahajan (Advocate) 03 October 2017

Without the decree of divorce, second marriage itself will be null and void. The registration of the void marriage too will be void and will not make marriage valid by any manner.

Either the person apply for divorce and get decree of divorce from the court, till that time wait to remarry or go in for second marriage that will be invalid marriage and punishable offence under section 494, 495 Indian Penal Code for offence of bigamy.

vijaymahajan5758@gmail.com

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 03 October 2017

Mam,

There is a presumption of being deceased under Indian Evidence Act,1872 and that too only after 7 years being unheard.

Rather your friend can file for divorce on the ground of cruelty and seek divorce (I am sure that will be an ex-parte divorce, if no one from the husband side comes and contest the case).

Warm Regards

Kapil Chandna Advocate

9899011450,9911218741

https://kapilchandnaadvocate.wordpress.com/