Legal Question in Family Law in India
Dirove & Second Marrriage.
I have been married on May 05, 2005. As after two months, due to some geniune reasons, we got separated and signed divorced paper with Notary with respectiable senior relatives. Does those paper sufficient for Second marriage. Is it advisible to have second marriage on the basis of those paper.
9 Answers from Attorneys
Re: Dirove & Second Marrriage.
no it is not valid untill and unless you obtain the decree of the divorce from the honourable court or else the second marriage is null and void
Re: Dirove & Second Marrriage.
An out of court divorce settlement, without seeking annulment of marriage throught court of law, is legally maintainable ONLY under customary law which applicable ONLY to a few castes and areas inthe country.
please specify your cast and place.
otherwise, you need to seek divorce from court.
it is not safe to remarry without court decree granting divorce.
Re: Dirove & Second Marrriage.
these papers are not sufficient for divorce. you need to apply for divorce by mutual consent and after recording the statement in second motion only, and after the order for divorce are pronounced, you can re marry. those papers carry no value in the eyes of law.
Re: Dirove & Second Marrriage.
For marriage you need to have taken divorce in the court properly. it seems that the divorce has not taken place. if it is so then take divorce and without that ur second marriage will not be valid.
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Re: Dirove & Second Marrriage.
A marriage can not be dissolved by signing a paper and havig same notarized. The marriage can only be dissolved by filing a divorce petition in teh court and obtaining a decree of divorce/dissolution of marriafe from teh court.
Hence, if you marry while the first marriage subsists, you may be liable for bigamy.
Re: Dirove & Second Marrriage.
Divorce is only valid by a Court Decree.
Re: Dirove & Second Marrriage.
no it is not vaild .you have to obtain a divorce through court otherwise your second marraige will not be valid
Re: Dirove & Second Marrriage.
Your paper of divorce alleged by you have no legal force.
Under provisions of law, you have to obtain divorce from the competent court of law
Re: Dirove & Second Marrriage.
This is not the way of getting valid divorce.It is not advised to go for second marriage on the basis of alleged papers.You have to get decree of divorce duly passed by a competent court of law.
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