Legal Question in Family Law in India

Abt Divorce Papers.

ilove a girl who is divorced date (27th jan05).So i want to marry her in Arya Samaj as non agreed parents of

but they say that they need divorce paper,,girl is above 22 and even she is aggred to marry me, but as girl says even her father don't have divorce paper's with them, and says that divorce paper is with her X Husband's sister in law. now my question is can i make afidavite for the same can i get duplicate divorce paper's or in this case what can be don'e. waht is the leagal aspects, what i have to do that i and my family members and my girlfriend would be safe.please guide me.


Asked on 10/07/05, 5:12 pm

6 Answers from Attorneys

Rajinder Ahluwalia Advocate Juridica Global Law Firm

Re: Abt Divorce Papers.

If none of the things (as adviced by my learned friends) is immediately possible for you, go for inspection of the file of the divorce. Contact a good lawyer who will assist you for the same.

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Answered on 10/09/05, 12:23 am
Ankur Mittal MITAL & MITAL Advocates

Re: Abt Divorce Papers.

Dear Friend,

At the fisrt instance, mere absence of divorce papers is no impediment in a subsequent marriage. there is no compulsion under law that you have to necessarily produce the earlier divorce papers for getting married again.

Secondly, if they insist on divoce papers, your would be wife can give an affidavit to the same effect.

In order to avoid all these complications, your wife can apply for a certified copy of the divorce decree passed by the Court on payment of nominal fee. you can take services of any lawyer to apply for certified copy of the decree from the Court. the same will be available to you within 8-10 days of application.

Good Luck for future

Regards

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Answered on 10/08/05, 1:34 am
JURIS LEGAM JURIS LEGAM

Re: Abt Divorce Papers.

hello,

you can easily get the certified copies of the divorce papers that is order or judgement from the coourt where the divorce took place.

If the divorce has not taken place according to Law then the affidavt in this regard is a fealthy paper.

If the divorce has taken place according to Law by way of an order passed by the court of competant jurisdiction then ther is no legal hurdle or hindrance in case u marry with your girlfreind,as she is above 18 yrs of age,no concent of parents is required and u can married safely according to Hindu LAw in Arya Samaj MAndir too.

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Answered on 10/25/05, 10:35 am
Jayesh Desai Jayesh Desai

Re: Abt Divorce Papers.

Affidavit will not do. You can apply to the court and obtain a fresh copy of the Divorce Order whic is sufficient to make sure there really was a divorce.

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Answered on 10/08/05, 2:00 am
Balasubramanya Beeranna Balasubramanya&Ramesh Associates

Re: Abt Divorce Papers.

First You have to apply for the Certified copy from the court where the legal divorce case was filed and judgement given, secondly check if any appeal is still pending, third go through the papers after you obtain the certified copy and see if any conditions are there in that judgement.

Check how long did that marriage last and any children born out of that wedlock.

if there are no issues then no problem, if any conditions are there meet the lawyer and sort out the conditions applicable.

if no conditons are there then you can go the sub-registrar's office and then register the marriage.

Meet a lawyer and consult all these.

REgards.

B.Balasubramanya.

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Answered on 10/09/05, 6:06 am
Vivek Anand M/S.VIVEK ASSOCIATES

Re: Abt Divorce Papers.

If their is Court order in place to the effect of dissolving the marriage, then at any given point of time you can apply a Certified Copy of the Order and obtain the same. An affidavit is not an option here.

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Answered on 10/08/05, 4:21 am


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