• Second marriage

My brother has got an expartie divorce from his first wife, now he is planning to get married second time. Should he produce the divorce ex parti degree to the registrar while getting the second marriage registration.
Asked 4 years ago in Family Law
Religion: Hindu

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12 Answers

1. In the registration form he needs to inform the registrar about his marital status.

2. Since he is a divorcee he he will have to make such declaration in the form and in support thereof he needs to produce a copy of the decree of divorce as well.

3. So yes, he requires to produce a copy of the decree of divorce at the time of filling up of registration form.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0


Yes he will have to produce the same att he time of Marriage registration as in the marital status he will mention DIVORCE.


Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0


there is no need to share this information. the law says that neither party should have a spouse living at the time of marriage. which is true in your case. she is now your former spouse. therefore, legally you are free to marry again.


Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

Your brother would have to produce a certified copy of the ex Parte decree to the registrar for the purposes of registration of his second marriage.

Without the decree of divorce, second marriage cannot be performed during the lifetime of the first wife.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

1) your brother should marry only after period of 3 months have passed of court passing exparte decree

2) brother should produce exparte divorce decree before Registrar

Ajay Sethi
Advocate, Mumbai
87912 Answers
6207 Consultations

5.0 on 5.0

Producing the divorce decree is mandatory requirement for marriage before registrar. He can only marry after 90 days from the date of decree.

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

In exparte decree the other party has opportunity to take the revision of the decree.

If reasonable time has been passed after the degree and there is no revision petition pending in the court then he can go for second marriage but please keep in mind that the revision of ex Parte decree can be sought in the court after condonation of delay

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Second marriage during subsistence of earlier marriage is null and void .Your brother should marry only after the appeal period (90 days) have passed of court passing exparty decree. Your brother should produce exparty divorce decree before Registrar.

Ajay N S
Advocate, Ernakulam
3990 Answers
93 Consultations

5.0 on 5.0


As you mentioned that your brother got ex party divorce, so first of all right

of appeal is with your brother's wife on this ex party order.

If 1 year passed then this order is enough otherwise wait for the

1 year period.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Yes first of all from date of divorce he need to wait for 90 days before second marriage secondly the certified copy of the divorce decree need to be presented before the marriage registrar before registration of second marriage.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Yes, the decree copy has to be submitted to the Registrar in order to avoid any legal tangle later on.

Swaminathan Neelakantan
Advocate, Coimbatore
1920 Answers
20 Consultations

4.9 on 5.0

If he has shown the marital status as 'divorcee' then he may have to attache an attested photo copy of the divorce decree order while applying for the registration of the subsequent marriage.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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