I fell in love with a man when I was in Delhi and we got married through Arya Samaj temple and then gotit registered through Ghaziabad court Without telling my parents or anyone. Three months later that guy vanished. He had all the legal documents regarding our marriage. I do not have anything with me. My father passed away recently and hence i cannot tell this matter to my mother. She might die of shock. I got a call from that guy only once after that and he said he destroyed all the documents and that he will never ever see me or disturb me again. I do not have any contact number or address of him. I shifted to my hometown Kerala after that incident and also to look after my mother after my father's demise. My mother is now looking for marriage proposals for me. I wanted to know whether I can marry again here and whether the court/registration process will find out about my past marriage. I cannot afford to tell my mother or anyone about my past. If i register my marriage with the groom whom my mother is selecting will it be possible to register it in Kerala without anyone finding it out? I had provided my Adhar as ID. We both are Hindus. How can I get a divorce when i have no address of him or the documents? Should i go to Delhi again for this? Also my mother is looking for grooms from outside India, so if I marry here, i will need the certificate here for visa application as well. How can i resolve this without telling anyone?
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You cannot remarry during subsistence of earlier marriage
2) your marriage should be dissolved by family court
3) if your second husband finds about your earlier marriage he will file anullment petition
4) file for divorce on grounds of mental cruelty and desertion
5) if unable to find his address apply for substituted service ie paper publication
Please advice on how to do it without anyone finding out. Paper Publication is not at all a viable option. I am not asking about consequences whether they find out. I want to know whether it can be found out when i am registering the second marriage.
1) if your marriage is registered in Kerala and earlier marriage registered in ghaziabad it cannot be found out that you were earlier married
2) please note that at time of registration you have to state on oath whether you were earlier married or not
3)if you make false statement on oath and later your second husband finds about your earlier marriage through first husband you would be in serious trouble
your query was How can I get a divorce when i have no address of him or the documents? Should i go to Delhi again for this?
2) hence advised you to file for divorce and go in for paper publication if summons cannot be served at his last known address
1. Since you are already married you can not remarry without taking divorce from your husband.
2. So you can file a divorce suit from your present place of stay. I hope your mother won't come to know.
3. If you remarry without taking divorce then if your first husband comes to know then criminal case of bigamy can be filed.
So take decision accordingly.
1. Legally speaking you are already married and are the wife of that person who stated that he has destroyed all your marriage documents.
2. Destroying marriage documents do not erase the status of a person as married.
3. It will be extremely risky and illegal for you to marry again suppressing the fact from your groom that you are already married..
4. You can be blackmailed through out your life by your husband (i.e. the 1st one).
5. If your next husband comes to know about it his life will be shattered and he can file petition for annulment of marriage and can also lodge a police complaint bringing the charge of bigamy against you for which you might be punished with jail term.
6. You can file a divorce suit against your first husband sending notice to his last known address and if it comes back you shall have to publish the notice in two local newspapers one being in vernacular.
7. If he fails to attend the hearings, the divorce suit will be decided ex-parte.
Immediately get the certified copy of the marriage certificate/registration certificate from the Ghaziabad Marriage Registrar office and filed divorce petition before Ghaziabad family court and mention his address as mentioned in the marriage certificate.
if you don't know his current address then no need to worry, the court have power to published the matter in local newspaper and proceed ex-party and grant divorce to you.
after that you may solemnized your marriage as per your mother wish otherwise you will commit an offence of bigamy and in future that guy may create problem in your future life and may be filed criminal cases for making forged documents, passport and visa which will be harm to your reputation and matrimonial life too.
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I wanted to know whether I can marry again here and whether the court/registration process will find out about my past marriage. I cannot afford to tell my mother or anyone about my past. If i register my marriage with the groom whom my mother is selecting will it be possible to register it in Kerala without anyone finding it out?
Legally it is invalid. You cannot marry another person if your previous marriage subsists on the date of the proposed second marriage. You better try to contact that person and arrange for a mutual consent divorce after which you can go ahead with the present proposal.
Though the registrar at Kerala will not find out the previous marital status, you are required to give a declaration while marrying another person that there is no previous marriage subsisting at this stage and the same has to be declared in the application for marriage registration.
Therefore if your lie is detected at a alter stage this marriage will be declared null and void.
How can I get a divorce when i have no address of him or the documents? Should i go to Delhi again for this?
You can get a copy of the marriage certificate from the registrar's office at Ghaziabad, file a contested divorce within the jurisdiction of ghaziabad, get at least an exparte divorce decree after which you can proceed with the newly proposed marriage.
Also my mother is looking for grooms from outside India, so if I marry here, i will need the certificate here for visa application as well.
How can i resolve this without telling anyone?
You can take the assistance of some of your friends to effectively do all these without informing anyone at your home.
Please advice on how to do it without anyone finding out. Paper Publication is not at all a viable option. I am not asking about consequences whether they find out. I want to know whether it can be found out when i am registering the second marriage.
Since you are planning to marry at Kerala, these things will not come to the knowledge of people residing far off at Kerala if the process of divorce is taking place in the Northern city of Ghaziabad.
You can take the help of any of your friend at Delhi, undertake the process secretly, visit Ghaziabad to attend the court on the dates of hearing alone, if the address of the husband is not known, you can file the petition on the basis of last known address, and after proper process, you can get an exparte decree within three months too based on the efficiency of the lawyer handling the case.
Since you married and your marriage is also registered you cannot remarry without obtaining divorce from your husband. Even though your husband vanished but he continues to be your legally wedded husband, so convince him to apply for and obtain mutual consent divorce. Thereafter, you will be free to remarry. It takes only 6 months and is the only hassle free process in India to dissolve a marriage. There will be no occasion to publish it in newspaper. It can surely be discovered that you were married before as the records are now computerized.
