Getting married in Europe Getting married in Europe

2 months ago

I was married in India in 2019 and it lasted only for a month and half and divorced after a year because I had to wait for one year to get divorced. In between this one year I had gone to Europe and I hadn’t changed the marital status anywhere to married or divorced even in passport because everything happened within one month of getting married. I got divorced in 2020 and now I plan to get married in Europe, since I had. Not changed the marital status anywhere even in Europe, do I have to change it divorced first and then get married or can I directly get married?

Anik

Responded 2 months ago

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A.Dear Client,

To legally validate your remarriage or second marriage, it is necessary to obtain a divorce through a court decree before entering into a new marriage. Without a court-issued divorce decree nullifying the previous marriage, either spouse is prohibited from marrying another person. Such a marriage contravenes the conditions outlined in Section 5(1) of the Hindu Marriage Act, 1955, rendering it void under Section 11 of the Act.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
To make your remarriage or 2nd marriage legally valid, you get divorced first through a decree of the Court and then get remarried. In the absence of a decree of divorce passed by a competent Court of law annulling a marriage, either spouse cannot remarry another man or woman, and such a marriage that violates the condition of Sec.5(1) of the Hindu Marriage Act, 1955 and termed as void marriage as per Sec.11 of the Act.
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Vidhi Samaadhaan Vidhi Samaadhaan

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