• Marriage certificate for second marriage without divorce decree

Hello, 

I am Muslim and I have given three talak notices in three consecutive months last year via my lawyer to my first wife and she filed 498A against me and our case is in court. 
meanwhile I recently got married in my village and applied for the marriage certificate to the local panchayat with Nikahnaama. 

The Panchayat people and Talati are saying that you will not get the marriage certificate until your divorce case is over and I have to present the settlement or divorce decree to them in order to obtain the marriage certificate. 

Now my question is that if I can legally marry a second time then why I cannot receive the legal marriage certificate so that my second wife can change her name and I can also have legal documents providing that she is my current wife and I can apply for joint account in Bank and change our both passports as well. 

Please let me know what should I do and how can I obtain a legal marriage certificate?
Asked 8 days ago in Family Law
Religion: Muslim

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7 Answers

You can file petition in family court for declaration that marriage is dissolved with first wife as per 3  consecutive divorce notices issued to first wife 

 

2) on basis of court orders then apply for issue of marriage certificate 

 

3) you should get marriage certificate as under Muslim personal law there is no bar for you contracting second marriage 

Ajay Sethi
Advocate, Mumbai
81793 Answers
5120 Consultations

5.0 on 5.0

You can get the nikah nama through the kazi that will suffice. If your divorce is pending it's difficult to get certificate from them. You need to ask them through RTI under which provision they are not providing you certificate

Prashant Nayak
Advocate, Mumbai
23214 Answers
49 Consultations

4.4 on 5.0

Dear Sir,

 

1)The Muslim Personal Law allows a man to marry four times. thus there should be no valid reason as to why the registration is being denied.

2)You can file a declaration suit in family court to declare you earlier marriage as a nullity, as you have through personal law formality already given divorce.

 

3) On basis of declaration decree you can re apply for registration.

 

Thank you

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Anik Miu
Advocate, Bangalore
926 Answers
7 Consultations

5.0 on 5.0

As a Muslim you are governed by Shariyat Law of 1937. Under Shariyat, a Muslim can marry four wives. Panchayat should not have any objections  to provide you marriage certificate . You can also a decree of divorce from court under shariyat law. File a suit for declaration of divorce.

Ravi Shinde
Advocate, Hyderabad
642 Answers
7 Consultations

5.0 on 5.0

Please go through the judgment of Hon'ble Apex Court of India in the case of Shayara Bano Vs. Union of India reported in 2017 (9) SCC 1  (Writ Petition (Civil) No. 118 of 2016 judgment dated 22nd August 2017. 

Hon'ble Apex Court has held Triple Talaq to be an invalid form of Talaq and therefore unless divorce decree is issued, the second marriage shall not have validity in eyes of law. 

Pooja Ashar
Advocate, Ahmedabad
195 Answers
2 Consultations

5.0 on 5.0

Village panchayat is not the authority to issue marriage certificate.

On the basis of the talaqnama for the divorce you have already given to her, you can file a suit for declaration to declare the talaq as valid before a court and get the decree after which you can get your second marriage registered under special marriage act before the marriage officer or the registrar of marriages. 

Even without registering your second marriage, as per Muslim personal law, getting remarried during the subsistence of your marriage is not an offence, hence you can go ahead with the necessary formalities in this regard for all such further tasks in this connection. 

T Kalaiselvan
Advocate, Vellore
71857 Answers
1057 Consultations

5.0 on 5.0

1. Since Polygamy in Muslim religion is nor prohibited in India even without a valid Talaq there is no hindrance to get a Nikhanama for second marriage.

2. So contact a registered Quazi and apply for the same. 

3. only if your previous marriage was done under Special Marriage Act , then only without a decree of divorce you can not perform marriage second time. 

Devajyoti Barman
Advocate, Kolkata
22279 Answers
338 Consultations

5.0 on 5.0

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