single status certificate
8 months ago
My son is NRI working and residing in Taiwan. In 2013, he married a Taiwanese citizen. They have registered the marriage with registrar of marriages in Taiwan as well as India as per Hindu marriages act 1954. Unfortunately the marriage did not sustain and in 2018 they got divorced legally in Taiwan. However due to my son's job contract renewals and years of Covid 19, the marriage was not dissolved in India. In the year 2022, my son opted to legally divorce his Taiwanese wife in India and applied for the same. Now since the divorce proceedings is in process at the stages of evidence, can he get a single status certificate and remarry a Taiwan citizen? Two points to be noted is (1) He has not travelled to India after his divorce in Taiwan and (2) He is legally divorced in Taiwan where there is no dispute and no children from first marriage.
Until and unless a decree of divorce is passed by the Cournt, your son cannot apply for the single status certificate and cannot remarry as per the Hindu Marriage Act, 1955, because under Section 17 of the Hindu Marriage Act, 1955 remarriage of another woman in the absence of an order of divorce annulling the earlier marriage is termed bigamy and treated as illegal and a criminal offense in India.
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