Divorce & Dissolve Marriage Legally Before Remarrying

Marriage is a bonding between a man and a woman. It becomes legal when the marriage takes place in a solemn ceremony before the society, community and registered by law. The legal permissible age for a man to marry is 21 yrs and for a woman is 18 years. A marriage becomes null and void if this age criteria is not met.

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If marriage is not consummated, either of the parties can withdraw from each other’s company. In such circumstances too, the marriage becomes null and void.

Another important aspect of a legal marriage is that none of the parties can remarry if the marriage is not dissolved by a decree of divorce. If either of the partners become insane or renounce the world or have unnatural sex, then the marriage can be dissolved. Dissolution of marriage is the main criteria for remarriage.

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In a male-dominated society, it is likely that a man tends to enter into a relationship without dissolving his previous marriage. Women, many a times, become prey to such illegal tactics of men and enter a relationship which is later declared invalid by law. A woman can sue a man for bigamy if the husband is found to have remarried again without dissolving his previous marriage legally.

Marriages cannot be dissolved merely on paper. Affidavits pertaining to dissolution of marriage or a deed of dissolution of marriage are invalid in law. Every marriage performed legally has to be dissolved legally. Any woman entering into a marriage merely on the basis of a document like affidavit or deed of dissolution shall definitely fall in to a pit.

The second marriage, in this case, is declared null and void. The first wife retains all rights over finances and property of the husband. The children of the first marriage are considered legal and have priority over inheritance.

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It is, therefore, advised before re-marrying to closely verify the documents and also cross-check from the concerned court of law. Mere affidavits or deeds of dissolutions are not sufficient to dissolve the marriage. Men in rural areas generally have a tendency to dissolve marriages on a piece of paper and enter into second marriages. Thus such men are liable to be prosecuted for bigamy, cheating and abuse of law and marriage institution.

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Originally from Nagpur in eastern Maharashtra, advocate Mrs Deepali Jayadeep Jayawant shifted to Navi Mumbai in 2002. She is well-versed with family matters, consumer matters, civil and criminal cases and High Court proceedings. She has recently presented a research paper in an international conference in Mumbai. She enjoys reading, sports and traveling. She pens a fortnightly column ‘Legal Diary’.
Readers can write to her at j.jayawant@yahoo.com

2 comments to Divorce & Dissolve Marriage Legally Before Remarrying

  • Rajni  says:

    If one has talaqnama as per Shariat Law. Do we still need to file for court decree?
    Note: marriage was not registered under special marriage act. Girl was hindu and boy muslim.

    • Falguni Banerjee  says:

      Dear reader,

      From the information provided it is clear that the marriage was performed according to Muslim Law hence divorced as per Shariat rules. As the marriage was not performed under Special Marriage Act, the dissolution of marriage by Talaqnama is valid. But it is advisable to take a decree from the court of law in any case.
      Thanks.

      Regards,
      D.J. JAYAWANT
      ADVOCATE

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