Embassy is right divorce decree was passed in 2022 and your marriage performed during subsistence of earlier marriage is a nullity
2) please note that notarised divorce agreement does not dissolve the marriage
Backdating statement divorce
My wife got divorced from her previous relationship in 2017. Somehow without Decree of Divorce but somewith with a notary and lawyer. I am an EU-citizen and married her in 2021. I also received a marriage registration certificate from the Registrat. For visa application, a Decree of Divroce was needed, which was given in June 2022. The Order states: "order of dissolution of marriage executed in the form of Divorce Agreement of dt. 20/11/2017 is passed and declared as such". Now the embassy states, that a retroactive effect of the divorce is not explicitly stated. So divorce took place in 2022 and my marriage is invalid. Is there a way to get an official document for retroactive marriage? I mean the decree states that. What does that mean for my marriage? Best Regards N.J
Asked 3 years ago in Family Law
Religion: Hindu
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17 Answers
1. Decree of Divorce shall have to be passed by the Court as per Indian law and not through notarial agreement.
2. The decree of Divorce passed in the year June 2022 stated that the decree is passed basing on the Agreement on 20.11.2017 but not with effect from that day.
3. The decree of divorce you are referring to is w.e.f. June'2022.
4. So, your marriage with her in the year 2021 when she was already married to someone else as per law, is invalid as per Indian Law.
Ok thank you. But how do I handle this further? Why did the Registration Office grant the certificate? We did a court marriage with a lawyer. This matter was not adressed then. Do I need and my wife need to get my current "marriage" nullified? And if yes, are there the dangers of legal prosecution?
Asked 3 years ago
You should file petition for declaration that marriage is a nullity as performed during subsistence f earlier marriage
2) if her ex husband files case of bigamy then only would you be prosecuted but chances of his filing case are bleak
3) you can remarry your wife if you so desire
1. The husband of your wife can bring the charge of bigamy against you and your wife u/s494 of IPC punishable with jail term for a maximum period of 7 years with or without fine. Your marriage with her in the year 2021 was illegal since she was already married with her the then husband till June'2022.
2. However, you can get your marriage nullified on the ground that the fact that she had not availed decree of divorce from her first husband was not informed to you rendering your said marriage invalid.
3. So, after correcting the error, you can remarry her now.
I understand. Her ex-husband is also married in the meantime. So there is no issue there. I also found the following statement: "In case any of the spouses was still legally wedded to another person at the time of the marriage to the other spouse then the marriage is considered to be void and no requirement for applying the annulment before the court is obligatory". This is all very contradictory and confusion. Best Regards N.J
Asked 3 years ago
The interpretation given by Embassy is, “Order stated that marriage is dissolved pursuant divorce agreement dt 20/22/2017. The date of dissolution is computed from date of order that is passed in 2021. Date of dissolution is relatable to 2021 and to 2017. The correct interpretation is, decree of divorce is approved pursuant to agreement dt 20/22/2017 therefore date of divorce is 20/11/2017, the divorce took place on the date of agreement, Court has only put its seal on it.
Would that mean, that the divorce dates back to the 20/11/2017 and this is a interpretation/understanding error? If yes, how can I provide a clarification for that legally or paper wise?
Asked 3 years ago
Your marriage is nullity as performed during subsistence of earlier marriage
2) if you don’t want to stay with your wife then file petition for declaration that marriage is a nullity
Divorce does not date back to November 2017
Basically your marriage with your spouse is Null and void because the divorce decree passed by a court competent, the marriage with her previous wife still subsists and it subsisted as on the date of your marriage with her or as on the date of your marriage with hear was registered before the registrar of marriage.
It can even be considered as an act of Bigamy committed by her.
Either party was already married to another person at the time of the marriage, but suppressing the fact which is material for the subsequent marriage is called as Bigamy.
The divorce agreement or a notarized divorce is not considered as valid divorce, hence in this case there can be no retroactive action for marriage be taken as well.
This concludes that your marriage with her is invalid.
Basically she or her lawyer has done the act of fraud by suppressing the fact of her previous marriage which subsisted as on the date of registration of this marriage.
They might have done this fraudulent act for the purpose of obtaining visa by adopting such fraudulent means.
Their intention is to somehow obtain visa even if it is by cheating the authorities concerned.
The marriage registrar will register the marriage on the basis of information furnished in the application for registration of marriage.
If this fact was mentioned in it, then the marriage officer would have refused to register this marriage.
So you can find out the truth that where and how this fraud has taken place.
Actually this act of fraud is commission of an offence under crimninal laws in India.
However you can file a petition before concerned court to get this marriage nullified for the said reasons.
You do not worry about her previous husband or what is happening on the other side.
You concentrate on what is to be done by yo so that you do not get trapped into a racket of such false and offensive activities by some vested interests.
There is a simple solution for your query. Get married again with your wife and get the same registered as per new wedding ceremony
It only means that subsisting earlier marriage, second marriage void without any declaration to that effect from court. What is not in existence cannot be declared void.
You need to convince that declaration of divorce goes back to 2017. Any other interpretation will render your present marriage invalid.
Yes your interpretation is correct you can seek clarification in writing from rhe court
1. Your second marriage is invalid as per law but you shall have to bring the matter before the court and get it annulled by filing an application as suggested in my earlier post.
2. It is not automatically annulled.
1. "order of dissolution of marriage executed in the form of Divorce Agreement of dt. 20/11/2017 is passed and declared as such". This order was passed on June 2022 and not w.e.f 20.11.2017.
2. You are divorced on June 2022 and not from 20.11.2017 as per the Court order.
- A notary document for divorce is not valid , and it can be challenged by either of the parties.
- Further, in the absence of a valid divorce , second marriage is also invalid .
- Hence you will have to approach the court for getting a decree of divorce.
- However, you can file a declaration suit before the court for declaring the earlier marriage as null and void
