Marriage registration in 2 different states in India

520 votes

A dismissal of your husband’s divorce case for default does not dissolve your marriage. Unless a valid decree of divorce has been passed by a competent court, the 2018 marriage continues to subsist. Under Sections 5(i), 11 and 17 of the Hindu Marriage Act, 1955, a second Hindu marriage during the subsistence of the first marriage is void. Section 15 permits remarriage only after a marriage has been dissolved by a decree of divorce and the statutory appeal conditions are satisfied. � India Code +1 Therefore, merely registering a second marriage in another State does not make it legally valid or enable a person to bypass the existing marriage. The fact that marriage registration records are maintained by State authorities and are not necessarily part of one central database does not alter the substantive law. If your husband has actually contracted a second marriage while your marriage is subsisting, the facts can potentially attract Section 82 of the Bharatiya Nyaya Sanhita, 2023 (bigamy), subject to proving that a legally valid marriage ceremony satisfying the applicable requirements took place. � India Code It would be advisable to obtain the 2023 dismissal order and verify whether any application for restoration/revival of the divorce case was filed, and then check the marriage-registration records of the State where the alleged second marriage took place.

Advocate Hemalatha Narayanan LawRato

789 votes

Yes. Even though marriage registration is administered by State authorities and there is no single nationwide marriage-registration database, your husband cannot legally contract a second marriage in another State without first obtaining a valid divorce decree. If your 2018 marriage is a valid Hindu marriage, and his divorce petition filed in 2022 was merely dismissed for default in 2023, the marriage continues to subsist. A second marriage during its subsistence would be void under the Hindu Marriage Act and may attract the offence of bigamy under the applicable criminal law. The fact that another State’s registration system may not detect the Tamil Nadu marriage does not make the second marriage legally valid.

Advocate Barath Kumar LawRato

511 votes

As the divorce case filed by your husband was dismissed, your marriage is still subsisting legally. Registration of a second marriage is not that easy. The procedural formalities have to be complied with. But, your point that marriage records are not centralised is a loophole in the system.

Advocate Swaminathan Neelakantan LawRato

758 votes

If the parties are Hindus, the husband cannot lawfully contract a second marriage merely by registering it in another State. Under Sections 5(i) and 17 of the Hindu Marriage Act, 1955, a second marriage during the subsistence of the first marriage is void and may attract the law relating to bigamy. Since the divorce petition filed in 2022 was dismissed for default in 2023, there is no divorce decree dissolving the marriage. The fact that marriage-registration records are maintained by State authorities and are not centrally searchable does not make a second marriage legally valid. If he has in fact contracted a second marriage, appropriate civil and criminal remedies can be considered. The precise remedy will depend on the parties’ religion, the manner of the second marriage, and the available evidence.

Advocate Elango D LawRato

1000 votes

even if we got registered his marriage with the second wife without getting the divorce from you in different state that is not valid when it comes for the court I want more detail regarding why he has got separated and for how many years he has been separated from you

Advocate Rama S LawRato