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Author Topic: URGENT Register 2 marriages in India with the same person?  (Read 809 times)

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Offline rohanvk

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URGENT Register 2 marriages in India with the same person?
« on: July 23, 2017, 01:32:40 PM »
Hi,

I am an NRI living in Germany for the past 5 years. I have indian passport, my domicile is in Pune, India and my parents are from Pune. Our permanent address is also in Pune. I got married under Special Marriage Act at the Marriage Registrars Office in Pune. My wife is from Nagpur and was working for 6 months before marriage in Mumbai. We gave the notice on March 1st week to the marriage Registrars office in Pune and submitted all legal documents required for verification. We then got married on 10th April 2017. I came to India on 7th of April, got married on 10th April and left for Germany on 17th April.

Afterwards, we decided to apply for her German spouse Visa at the German Consulate in Mumbai with the marriage Certificate. In 2 months the german consulate sent us a rejection letter stating that the Marriage that we had on 10th of April is not valid since my wife and/or myself weren't residing in Pune 30 days before giving notice of intended marriage (Section 5 of Special Marriage Act).

This law wasn't told to us by our lawyer or by the marriage registrar. All the documents were given beforehand and we were never asked for any proof. Since my parents lived in Pune we had all the residential proof.

Now on June 18th we decided to get married under hindu tradition in marriage hall in Nagpur. We had always planned to get married traditionally under Hindu rules. This was before the German consulate mumbai gave its decision. We havent registered it in Nagpur muncipal corporation until now. Now my question is can I register my marriage under Hindu Marriage Act and show proof to the consulate that I did get married? The german consulate has considered my marriage under Special Marriage Act invalid even though an Indian authority has approved it. Would it be legal to register the second marriage and show that certificate as proof? I need urgent help. We are newly married and are in deep distress ever since we heard of the decision.

Looking forward to a positive reply.

Thanks and Regards,
Rohan

Offline advkkreddy

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Re: URGENT Register 2 marriages in India with the same person?
« Reply #1 on: July 23, 2017, 06:19:06 PM »
You are supposed to be in India for 39 days that's the law.

You cannot give the defense you did not know the law.

That is no defence.

Now you should file an application in family court to give a certificate that your marriage is valid as par special marriage act.

That will satisfy the visa obstacle
Champion in law of Torts in India

Offline rohanvk

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Re: URGENT Register 2 marriages in India with the same person?
« Reply #2 on: July 23, 2017, 09:08:50 PM »
Thank you for your reply. But my wife was in India for more than that time. They are saying she wasn't in Pune where the marriage took place.

How long would it take to get a certificate from family court? Any idea?

Offline RajatV

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Re: URGENT Register 2 marriages in India with the same person?
« Reply #3 on: July 27, 2017, 09:38:37 AM »
No idea about the time. Sorry!

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