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lalita devi (retired)     05 August 2012

Validating marriage

I was divorced by deed of divorce by mutual consent 30 years ago. It was mentioned in the deed that under 29(2) it was customary for such divorce, and either of us were free to remarry. Three years after this my first husband filed a suit for decree, contesting the validity of the deed, and my remarriage, though he was the first respondent in the deed. I did not contest, as I had got remarried with the total belief that i was free for remarriage. My  second husband also believed in the wordings of the deed. The main reason for my first husband's case was to avoid any responsibility to my children's education/future. My questions are : 1) does my remarriage become valid, as there is a deed of divorce in hand, but this is dated later than the date of my remarriage. 2) If not, how do I validate my remarriage, the procedure therefor etc.? Where do I get to learn more about similar cases?? This is from a woman who faced harrassment since 20, found soul-mate, with whose help I have brought up my children. Please help me to iron out the situation. Thanks.



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 7 Replies

Shantanu Wavhal (Worker)     05 August 2012

1) does my remarriage become valid, as there is a deed of divorce in hand, but this is dated later than the date of my remarriage.

divorce deed has no value in the eyes of law.

the 2nd marriage is void-ab-initio.

2) If not, how do I validate my remarriage, the procedure therefor etc.? Where do I get to learn more about similar cases?? This is from a woman who faced harrassment since 20, found soul-mate, with whose help I have brought up my children. Please help me to iron out the situation. Thanks.

2nd marriage cant be validated. u have to get legal divorce from the first husband and remarry with the second one to make the 2nd marriage a valid one. but the 2nd marriage ceremony conducted earlier is void.

Shantanu Wavhal (Worker)     05 August 2012

check ur PM.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     05 August 2012

1. Divorce Deed is not acceptable divorce in the eyes of law.

2. S.29(2) does recognise customary form of divorce - however it has to be established and should bear the stamp of approval of a court of law, after establishing the existence of such custom to court's satisfaction.

3. In view of the above, your second marriage is void ab initio in the eyes of law, and cannot be ratified subsequently, you are still married to your first husband, and need to divorce him in order to marry again.

4. You have limited rights to maintenance from second husband as well.

5. This is serious matter - consult a local advocate specialising in family laws.

1 Like

lalita devi (retired)     05 August 2012

My first husband, after initiating and signing the deed of divorce by mutual consent, got a court decree divorcing me. Th us, do I not stand legally divorced from my first husband?  

Tajobsindia (Senior Partner )     05 August 2012

Originally posted by : lalita devi
 
My first husband, after initiating and signing the deed of divorce by mutual consent, got a court decree divorcing me. Th us, do I not stand legally divorced from my first husband?  
 

1. If there is a DECREE in MCD then why after 30 years you are asking this question?
2. If there is a Decree in MCD from competent Court then you are legally divorced from your first husband.

1 Like

Shantanu Wavhal (Worker)     05 August 2012

YES.

you are LEGALLY divorced from ur first husband.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     05 August 2012

It may be true that the law says that one cannot marry a second time when the first spouse is alive.

But if the first husband initiates action and gets divorce knowing or not knowing that his now divorced wife had got married before the divorce, what would it matter to him if she was already married when he got the divorce. It may matter to him if the ex-wife claims maintenence. But nothing is mentioned here. The second husband can be charged with adultery if the first husband had made a complaint before the divorce. If he makes a complaint now that would be an afterthought. Let the lady marry her second husband once again. That would be a valid marriage.

Marrying a second time is not a cognizable offence. The affected party should make a complaint or a file a suit in a court of law. But now who is the affected party here.

Divorced or not divorced, the biological children of the first husband cannot be denied their rights on their biological father.


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