A girl was married to x in jan 2016 and due to some circumstance they got separated with in 1-2 months and she got divorced by local panchayeti jury in written in nov 2016. Girl had her second marriage in dec 2016 with Y and they applied for their visa but the immigration gave refusal to Y because girl was not legally divorced by court jury, they did not accepted panchayeti jury decision and after that girl gave an petition for her divorced with X through the court jury and got legally divorced in march 2018 but again immigration refuses their visa’s because they says her marriage with Y was registered before the divorced with X . X has no issues with Her and Y because X also had another marriage after the decision of panchayeti jury. So now how she can prove her relationship with Y with whom she got married now
Dear Client,
Panchayat faisla has not value. And her 2nd marriage while subsistence of previous marriage is void and so the marriage certificate.
Marriage certificate must be cancelled by court, So get marry again and registered it or act of marriage.
Divorce decree has to be passed by court
2) panchayat divorce is not valid
2) since second marriage was performed on basis of panchayat divorce it would not be valid
4) after obtaining divorce decree from court girl should remarry Y and then apply for visa
Yes this is right to get your marriage legal as before divorce any marriage is invalid. She has to get the marriage nullified on the basis of divorce and reapply for new marriage certificate.
1. Panchayat has no competence to pronounce divorce. This practice of panchayati divorce that is still continuing in some parts of country is contrary to law. The girl continued to remain married to her first husband as divorce can be granted by only the competent court.
2. The immigration is right in refusing to recognize the marriage to Y as it was done during the subsistence of girl's marriage to X.
3. The only remedy for the girl now is to get the marriage annulled from the court and theN marry Y.
She should apply for a fresh certificate of marriage. There's an option of getting the marriage certificate amended.
I will advise this girl to re-approach the Marriage Registrar and get her date of marriage with Y re-changed to a later date.
hello
the girl was married to X but she didn't divorce him. the registration prior to the divorce cannot hold and is not valid. therefore again register a marriage and then it would be legal.
regards
Since her subsequent marriage without proper divorce of subsisting marriage is null and void, she may have to solemnise and register the marriage afresh to live a legally valid married life.
