Legal divorce Needed??? India

Question

I was married on 2007 May. The lady and I lost the complete contacts by October 2007. We had a marriage ceremorny inside the church in the Catholic way, but we did not register our marriage in the register office. Is this marriage valid infront of law?

Do i need to go for a legal divorce? I wanted to marry a woman but she is not in the same religion, so i am not concern of the marriage inside church. I will do the marriage registered with the girl who i am going to get married.

But legally will there be any complication, like if the other woman comes back one day, will the girl who i am going to get married now will be in trouble or Is there any complication?

Please help me... I never know where my wife is, even I dont have any details of her house... I never seen her house or anything. Just got married in the place i was living before. Marriage was held in Bangalore and I stay in Delhi now.

Please guide me with the correct feedback. Do the marriage happened before was legally valid or not? If so do i need to get a divorce before i marry another woman?

Answer 1

The authorities of the church where you were married would certainly have some sort of record of the ceremony.If indeed you wish to go through a divorce,it

would always be better to go the legal route as it would then become final and have a court sanction.

Answer 2

the marriage is legal. get a certificate from the church u got married in and then file for a divorce incourt. but as far as i know both husband and wife have to be present inthe court of law to obtain divorce. u cannot get divorce unless u trace your wife.

divorce, like marriage, is mutual and not a one way street.

Answer 3

The Indian Christian Marriages in India is covered under the Indian Christian marriage Act, 1872. Section 4 of the said Act provides: - Marriages to be solemnized according to Act. — Every marriage between persons, one or both of whom is or are a Christian, or Christians, shall be solemnized in accordance with the provisions of the next following section; and any such marriage solemnized otherwise than in accordance with such provisions shall be void.

Section 5 of the Act provides: - Persons by whom marriages may be solemnized. — Marriages may be solemnized in India —

(1) by any person who has received episcopal ordination, provided that the marriage be solemnized according to the rules, rites, ceremonies and customs of the Church of which he is a Minister;

(2) by any Clergyman of the Church of Scotland, provided that such marriage be solemnized according to the rules, rites, ceremonies and customs of the Church of Scotland;

(3) by any Minister of Religion licensed under this Act to solemnize marriages;

(4) by, or in the presence of, a Marriage Registrar appointed under this Act;

(5) by any person licensed under this Act to grant certificates of marriage between Indian Christians.

In your case firstly it has to be checked & confirmed whether your marriage in the Church was conducted by the Person who was covered under any of the categories as laid down in section 5 of the Act or not. If this marriage was conducted by a person who did not have a proper license under the Act to solemnize marriages or grant marriage certificate or he had not received episcopal ordination, provided that the marriage be solemnized according to the rules, rites, ceremonies and customs of the Church of which he is a Minister. In order to check all this firstly whatever Marriage certificate issued by him or the church after the marriage has to be checked or it has to be checked whether the Church where this marriage took place was a well recognized Church or some ordinary self built Church of someone without any government approval or licenses etc. Till the validity of your first marriage established no further step can be thought off. Secondly you can marry to a non Christian according to the Special Marriage Act, 1954 without change of religion of either provided you both are of valid marriageable age & unmarried marital status, which in your case has to be confirmed by establishing the legal status of your first marriage & if found that it was legally valid then to get it dissolved under the Divorce Act, 1869 as amended by the District Court.

Answer 4

IFit was a legal marriage,you need a legal divorce.That's the  law!But if you and your spouse were married in  any way,morality demands both of you try your level best to save it.The shadow of divorce looms larger  and longer than life!