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Author Topic: Marrying again ex-wife  (Read 891 times)

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Offline Saman09

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Marrying again ex-wife
« on: January 25, 2017, 10:15:22 PM »
Hi,
 
I got married as per Hindu marriage act in 2009 and got blessed with a baby girl however due to understanding issues with her, I had taken a divorce from a Canadian family court as she refused to join me. Hastily after that I got married to another Indian girl outside India and could not register this marriage. Now, I want to remarry my ex-wife and would like to know,
1) will my not-registered second marriage (done outside India) can get me into any legal troubles if I remarry my ex-wife?
2) any suggestions on how to smoothly tackle the above likely issue

Thanks

Offline advRanjithRajagopal

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Re: Marrying again ex-wife
« Reply #1 on: January 26, 2017, 02:59:46 AM »
your divorce with your first marriage is still not clear.

Where did you get married in India.
secondly when you filed your divorce in Canada was your wife with you?
thirdly If you were married as par Hindu act, Does Canada have a Hindu ,marriage act?

Fourthly on what basis a Divorce Decree was granted by Canada court kindly clarify
adv.Ranjith Rajagopal

Offline Saman09

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Re: Marrying again ex-wife
« Reply #2 on: January 26, 2017, 03:22:41 PM »
Thanks Ranjith for your quick revert.

To ans your questions,

i) Where did you get married in India.
Hyderabad

secondly when you filed your divorce in Canada was your wife with you?
She was not but there was a response filed from her side.

thirdly If you were married as par Hindu act, Does Canada have a Hindu ,marriage act?
No

Fourthly on what basis a Divorce Decree was granted by Canada court kindly clarify
marriage has broken down irretrievably - is proved.

Offline advkkreddy

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Re: Marrying again ex-wife
« Reply #3 on: January 26, 2017, 10:00:16 PM »
To Grant a Divorce Decree a Court has to First prove you are married.
in this case you were married in India as par Hindu marriage act.

Than how can a Canadian court divorce you if it cannot validate the marriage in the first place.



You Divorce decree is not valid in India, as par Indian law your marriage with your first wife is still legal.

No court in India will validate your divorce decree.
Champion in law of Torts in India

Offline Saman09

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Re: Marrying again ex-wife
« Reply #4 on: January 26, 2017, 11:35:14 PM »
Thanks for your revert advkkreddy.

I am planning to get her back to Canada so needs to marry her again.

Offline advjaibansal

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Re: Marrying again ex-wife
« Reply #5 on: January 30, 2017, 07:34:26 AM »
non registration of marriage shall not take away the marriage. You have to take divorce and only then you can get married to your ex-wife.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline adv.amarnath

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Re: Marrying again ex-wife
« Reply #6 on: February 11, 2017, 01:59:29 AM »
1) will my not-registered second marriage (done outside India) can get me into any legal troubles if I remarry my ex-wife?
Ans: Yes, absolutely

2) any suggestions on how to smoothly tackle the above likely issue
Ans: No suggestion save and except to divorce your present wife
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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