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Author Topic: What is the procedure to follow after a VOID marriage ?  (Read 1603 times)

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Offline sherlokjames

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What is the procedure to follow after a VOID marriage ?
« on: August 31, 2013, 12:26:47 AM »
What is the procedure after a void marriage between Indian and foreigner(non hindu).Where the reason for the void marriage is misrepresentation of the religion  by the foreigner partner as the marriage was performed according to hindus marriage act and was registered according to the special marriage act and is considered void by the embassy during visa process. How to get married again to that same person as the district where the marriage was performed do not allow them to  marriage second time as the marriage was already performed once between them. Now the situation is  that the foreigner is still considered unmarried in their own country and is free to marry there . But the indian partner  is not allowed to get married to that person in the district court as the marriage was already performed once . Embassy said decree of nullity is not needed as the marriage is void from very beginning and both can marry each other simply but the marriage officer in the district is not ready to marry them again . What to do in this critical situation . Is it helpful to get married somewhere else, I mean in other district or other state . ?? Will it be also illegal. Its very confusing . What would be the right way to get married so that the marriage is legally valid.

Offline advjaya

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Re: What is the procedure to follow after a VOID marriage ?
« Reply #1 on: August 31, 2013, 07:42:04 PM »
a Marriage registrar's court is the soul authority which has the power to decided whether u are married or not if they say you are married than no embassy in the world can deny it.

besides when both husband and wife is saying that they are married how can some embassy say u are not, who gives them this authority.

now what u need to do is file in the family court of your jurisdiction, to authenticate your marriage to your wife, file a petition, in one hearing you will get the order, present it before the embassy and shut them up permanently
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