Dear Lawyer, Here is my Scenario: Got married twice and divorced once. Description: I was married (Traditional Hindu Way,Priest,Pictures,Function Hall and a lot of guests...etc) in 1999 in India,had two children. In 2005 i moved out to USA.and got divorced in 2008 (while i was in USA) and married the same woman again in 2014 and still in matrimony.The first marriage(1999 one) was not registered due to some reasons but the divorce(in 2008) was.At the time of the divorce (In USA court) i have submitted the affidavit of the marriage(1999) with a marriage picture attested to it to get it done.The Second(Time)Marriage in 2014 was registered.Now i got in to a situation where the Immigration Dept.(USA) wants my first marriage's Certificate to give the immigration benefit to my children even though they have the affidavit of the first marriage.I do not know why they want the first marriage's certificate when they already have the affidavit and with out that,i could not have got the divorce there. Q.Can i still get the Marriage Certificate for the First Marriage (1999)?Is it legal to get the marriage certificate for the marriage that has been divorced ? Please Help!
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
For Your Info. Both my marriages were performed in India and the Divorce was in the USA and the marriage certificate(from 1999 marriage) that the USCIS (USA immigration Dept.) wants is from India where the marriage was performed.
1) your first marriage has been dissolved in 2008
2) had your first marriage been in subsistence you could have made application for registration of said marriage solemnised in 1999
3) you have subsequently remarried same lady and you have got the marriage certificate .
4) it is doubtful that registration certificate would be issued now by marriage registrar of first marriage
Hi
You can still get the marriage certificate from india and it is perfectly legal to get the certificate (inspite of divorce).
the fact is you have children from your marriage conducted in the year 1999 and since it is for immigration purpose of your children, there is nothing illegal about it.
all the more you have remarried again to the same woman. So absolutely no worries at all.
1) make an application to marriage registrar for registration of marriage performed in 1999
2) application should be duly signed by both husband and wife.
3) submit Documentary evidence of date of birth of parties (Matriculation Certificate / Passport / Birth Certificate)
4) Affidavit by both the parties stating place and date of marriage, date of birth, marital status at the time of marriage and nationality.
5) Two passport size photographs of both the parties and one marriage photograph.
Marriage invitation card, if available.
6) If marriage was solemnized in a religious place, a certificate from the priest is required who solemnized the marriage.
7) Affirmation that the parties are not related to each other within the prohibited degree of relationship as per Hindu Marriage Act
you can get marriage certificate but you have to submit an affidavit for delay . However divorce decree itself sufficient to prove marriage because divorce cannot be granted without marriage. there is no bar to get marriage certificate after divorce because it is not required to prove subsistence of marriage at the time of registration.
The children were born from the first marriage albeit the second marriage was also with your first wife. This is why they have sought the certificate of registration of first marriage. Be that as it may, since the first marriage was not registered you cannot obtain any certificate of registration. No marriage can be registered after it has been dissolved. Try to convince the authorities to accept the certificate of second marriage. There is no other option.
now first marriage certificate is not possible legally.
You have not mentioned that whether your first wife will cooperate in getting the marriage certificate in India. If she is willing to cooperate, you can get it done in Sub Registrar Office. Since you have given divorce, I do not know whether she will cooperate with you or not. If she is not willing, you can file a declaratory suit in India at the place where the marriage has been performed and you can get the marriage certificate from the court. You can also request the court to specify in the court decree/order that the certificate is meant for USA Immigration and related purposes.
It is to be noted that the divorce which you have given in USA is not valid in India. Even the divorce given in USA is defective it seems (as per my knowledge) as there is no certificate from the USA authorities to this effect. By mere giving affidavit, you will not get Divorce. You should approach the USA court.
1. You can not get certificate of registration of your first marriage since you had not got it registered,
2. Get an affidavit affirmed in presence of a 1st Class Judicial Magistrate stating that you two had married in the year 1999 which was not registered after which you had got the decree of divorce in the year 2008. This will act as an evidence of your 1st marriage.
1. Marriage Certificate is not possible since it was not registered,
2. Get an affidavit affirmed as suggested in my earlier post.
Q.Can i still get the Marriage Certificate for the First Marriage (1999)?Is it legal to get the marriage certificate for the marriage that has been divorced ?
There is no illegality in it nor legal infirmity.
You can very well apply for registration of your marriage on the sis of the information about your marriage which may include the wedding card and other details of the solemnisation of marriage in the yer 1999. You can get a marriage certificate but make sure that you dont reveal any information abut your subsequent divorce and remarriage.
For Your Info. Both my marriages were performed in India and the Divorce was in the USA and the marriage certificate(from 1999 marriage) that the USCIS (USA immigration Dept.) wants is from India where the marriage was performed.
If you want marriage certificate for the marriage solemnised in the year 1999, you may fill up the forms for registration f marriage by annexing the proof of your marriage and get it registered after which you can get the marriage certificate.
Do not disclose the details of subsequent divorce as well as the remarriage in the year 2014, these information may be an obstacle in getting the desired certificate easily.