• Can we legally remarry? If yes, how to get second marriage registration and marriage memorandum?

When we got married, my wife had "Deed of Divorce" (she did not have a court decree). As a result her visa petition denied. Now she got her court decree but she got it after our marriage. If she want to get a visa then we need remarry and I need to re-apply for her visa. How do we legally remarry? And how to get second Marriage Registration and Memorandum?
Asked 4 years ago in Family Law
Religion: Hindu

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17 Answers

You can keep a closed ceremony or can get a arya samaj certificate of marriage of a date from three months after the date of decree of divorcee.

Three months date after divorce decree as three months is appeal period in divorce.

Then you can present your marriage resignation application along with requisite documents id proofs affidavit and previous marriage divorce decree the registrar shall register marriage with that date.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Your wife second marriage during subsistence of earlier marriage is a nullity

2) since she got divorce decree after your marriage you need to remarry her

3) then register your marriage

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1) If your marriage is not registered than you can apply for re marriage for you, but for Registrar it will be first marriage for you.

2) You can apply for Special Marriage Act, if you had not marry accordingly special marriage act.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1. Your marriage with the said lady is invalid and you run a risk of being prosecuted on the charge if bigamy, if complained by her first husband.

2. Your said marriage certificate is also void at law.

3. So, you shall have to marry her now ( i will not use the word remarry since your earlier marriage is unlawful, hence invalid).

4. After marrying her properly and as per law, consider the said marriage certificate as your only marriage certificate and act accordingly for getting her Visa.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

Firstly, once the court has decreed for divorce then couple can get it married legally again in future.

Secondly, and there is no need to reveal the fact of divorce as at the time of Visa only police verification has been conducted not before the court to find out if any civil case is pending or not.

Thirdly, court decree is needed if any right of either of the spouses has to be executed against the other as per order details in the divorce decree.

If you intend to remarry your ex-wife, notify the state courts and social service agencies that oversee your alimony, child custody and child support arrangements, and find out the procedures they require to get these arrangements canceled after you remarry her.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

The marriage between you and hr during the subsistence of her marriage is not valid and it shall be null and void.

Therefore you can register the marriage on a formal solemnisation again and after that you can apply for fresh visa.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Till the earlier marriage is not dissolved through court decree the next marriage is not legal. In this case your marriage is not legal as earlier marriage was not dissolved.

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

Dear Client,

Was your marriage registered ?

If not than apply for court marriage - print two cards from both side post dated of court decree, 3 Post card size photos of both in marriage dress, 2 witness, affidavit of Pandit, if required.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Just marry before the any temple who can issue you a certificate of marriage such as arya samaj mandir, and get the certificate of marriage be registered at SDM court of your jurisdiction

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Your first marriage was not valid as it was performed during the subsistence of your wife's previous marriage. You can go for a court marriage i.e. a marriage under the Special Marriage Act

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

The earlier marriage between you and the lady is void-ab-initio, which means void from the very beginning.

So, technically you're still not married if the earlier marriage was void as well as illegal as that lady for still married when you got married (not legally) to her.

But the good part is that you can get married to that lady as she has a decree now.

P.S. I don't think the procedure for registration of marriage needs to be reiterated her, since you both have already have married before.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Dear,

After 90 days of decree you can eligible for remarry. Before this period you can't marry

so first you spend 90 days, after that you can marry with Hindu rituals and after marriage

apply for registration.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Hello,

You will have to re-marry in order to make it a legally valid marriage.

the marriage is void ab initio and hence for another marriage after divorce you will not face any complications.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

See as suggested the best way in your case is to file for annulment before the family court on ground that the marriage not valid as the wife was not divorced as you have strict proof of same as divorce decree was passed in 2017 and you married on 2016.

So court shall appreciate the fact and the marriage shall be anulled it wont take long time and after that you both can legally marry. See this way will save you from all kind of legal hassles as if without nullity you marry again same would be illegal and can cause further issues in your visa.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

not necessary to re register your re marriage

2) non registration does not affect validity of marriage

3) you can file application for anullment of marriage if marriage was performed during subsistence of earlier marriage

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

First you have to file a petition to annul the marriage with her by filing a petition seeking the marriage as null and void since there subsisted a marriage at the time of contracting this marriage with you.

After that you can formally marry for the purpose of registration

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

1. In that case file an application for annulment of your marriage first on the ground that the information that she had not received the decree of divorce was not made known to you by her making the said marriage void at law.

2. Let her not contest the said annulment petition.

3. On receipt of the said order for annulment of marriage with her, you can marry her afresh & register your said marriage duly obtaining a marriage certificate.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

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