Step-by-Step Guide to Court Marriage in Jammu

Marriage is a significant event in one’s life, and it is important to understand the legal process of getting married. In India, there are two ways to get married: traditional marriage and court marriage. In this article, we will focus on court marriage in Jammu and provide a detailed guide on the process, fees, lawyers, and age requirements.

Process of Court Marriage in Jammu:

The process of court marriage in Jammu is straightforward and easy. Here are the steps involved:

Step 1: Notice of Intended Marriage

The first step is to give notice of intended marriage to the Marriage Officer. The notice should be in writing and signed by both parties. The notice should also include details such as name, age, occupation, and address of both parties, as well as the date and place of intended marriage.

Step 2: Verification of Documents

The Marriage Officer will then verify the documents submitted by the parties. The documents required for court marriage in Jammu are as follows:

  • a) Proof of age (birth certificate, passport, or school leaving certificate)
  • b) Proof of residence (ration card, passport, or utility bill)
  • c) Two passport size photographs of both parties
  • d) Affidavit by both parties stating that they are not related to each other within the prohibited degrees of relationship as per Hindu Marriage Act or Special Marriage Act, as the case may be.
  • e) In case of a second marriage, a copy of the divorce decree or death certificate of the previous spouse.

Step 3: Publication of Notice

After the verification of documents, the Marriage Officer will publish a notice of intended marriage. The notice will be displayed on the notice board of the office of the Marriage Officer. The notice will be on display for 30 days.

Step 4: Objection

If there is no objection to the marriage within the 30-day notice period, the Marriage Officer will issue a Marriage Certificate.

Step 5: Marriage Certificate

The Marriage Certificate is a legal document that confirms the marriage. It is issued by the Marriage Officer after the marriage ceremony is completed.

Fees for Court Marriage in Jammu:

The fees for court marriage in Jammu are as follows:

  • a) Notice fee: Rs. 100/-
  • b) Solemnization fee: Rs. 150/-
  • c) Certified copy of Marriage Certificate: Rs. 10/-

Lawyers for Court Marriage in Jammu:

Although it is not mandatory to hire a lawyer for court marriage in Jammu, it is advisable to do so. A lawyer can help you with the legal formalities and ensure that all the documents are in order. They can also guide you through the entire process and represent you in case of any legal issues.

Age Requirements for Court Marriage in Jammu:

The age requirements for court marriage in Jammu are as follows:

  • a) The bridegroom must be 21 years old or above.
  • b) The bride must be 18 years old or above.

Conclusion:

Court marriage in Jammu is a simple and straightforward process that requires a few essential documents and a minimal fee. It is advisable to hire a lawyer to help with the legal formalities and ensure that everything is in order. With this guide, we hope that you have a better understanding of the process, fees, lawyers, and age requirements for court marriage in Jammu.

How to Apply for Date of Birth Certificate in Jammu

If you are planning to apply for a date of birth certificate in court Jammu, it is strongly recommended that you seek the assistance of a lawyer. The legal system can be complex, and a lawyer can help you navigate the process more effectively and ensure that all necessary steps are followed correctly.

A lawyer can also provide you with legal guidance and advice on the best approach to take when applying for a date of birth certificate. They can review your application, identify any potential issues or challenges, and help you address them before submitting your application to the court. Additionally, a lawyer can represent you in court if necessary and argue your case on your behalf.

It is important to note that many times, you can save time and avoid unnecessary complications by working with a lawyer who is familiar with the local legal system and the specific requirements of the court in Jammu. They can help you understand the legal process, provide you with accurate information and advice, and increase the likelihood of a successful outcome.

Here is a detailed article on how to apply for a date of birth in court Jammu:

Step 1: Prepare Your Application

The first step is to prepare your application. You can do this by writing a letter to the Registrar of the court, explaining why you need a date of birth certificate. You should include all relevant details such as your name, address, and any other identifying information. You should also provide any supporting documents that you may have, such as school certificates or passports.

Step 2: Visit the Court

Once you have prepared your application, you will need to visit the court in person. Go to the Registrar’s office and submit your application along with any supporting documents. The Registrar will provide you with an acknowledgement receipt, which you should keep safe.

Step 3: Wait for the Court’s Decision

After you submit your application, the court will review it and make a decision. This process may take some time, so you will need to be patient. You can follow up with the Registrar’s office if you have not heard anything after a reasonable amount of time has passed.

Step 4: Collect Your Certificate

Once the court has made a decision, you will need to collect your certificate. If your application is approved, you will need to pay a fee and provide any additional documents required by the court. You can then collect your date of birth certificate from the Registrar’s office.

In summary, while it is possible to apply for a date of birth certificate without a lawyer, seeking the assistance of a qualified legal professional can save you time, reduce stress and increase your chances of success.

How to Pay e-Challan in Jammu and Kashmir

e-Challan is an electronic format of the traditional paper challan that is used to issue fines for traffic rule violations in Jammu and Kashmir. It is an initiative by the traffic police department to digitize the process of issuing and paying traffic fines.

If you have received an e-Challan for a traffic violation in Jammu and Kashmir, here’s how you can pay it online:

  1. Visit the official website of Jammu and Kashmir traffic police (https://echallan.parivahan.gov.in/).
  2. Click on the ‘Check Challan Status’ tab on the home page.
  3. Enter your vehicle number and captcha code and click on ‘Get Details’.
  4. Your pending e-Challans will be displayed on the screen.
  5. Select the e-Challan that you want to pay and click on ‘Pay Now’.
  6. Choose your preferred payment method – credit/debit card, net banking or UPI.
  7. Enter the required details and complete the payment.

Once the payment is successful, you will receive a confirmation message and a receipt for the payment. It is important to keep a copy of the receipt for future reference.

If you have multiple e-Challans pending, you can pay them all at once using the ‘Pay All’ option on the website. You can also check the status of your e-Challan payment on the website by clicking on the ‘Check Challan Status’ tab and entering your vehicle number and captcha code.

In conclusion, paying e-Challan in Jammu and Kashmir is a simple and convenient process that can be done online. Visit the official website of Jammu and Kashmir traffic police, enter your vehicle number, select the e-Challan to pay and complete the payment using your preferred payment method. If you face any legal issues or need assistance, it’s recommended to hire a lawyer or advocate in Jammu and Kashmir.

Get Your Seized Vehicle Back in Jammu and Kashmir

If your bike or car has been seized by the traffic police in Jammu and Kashmir for a traffic violation, you may be wondering how to get it back. The process for the release of a seized vehicle can be time-consuming and complicated, but it is important to follow the correct procedures to avoid further legal issues.

When a bike or car is seized by the traffic police in Jammu and Kashmir for a traffic violation, the owner is required to pay a fine or penalty and provide proof of ownership and insurance to get it released.

To get your seized bike or car released in Jammu and Kashmir, follow these steps:

  1. The Hon’ble Court will impose fine over the driver not having the DL and necessary documents of the Vehicle.
  2. Pay fines or penalties.
  3. Obtain a release certificate.
  4. Submit the release certificate along with other required documents to the traffic police station where your bike or car was seized for the release of the vehicle.

It is important to note that failure to follow the correct procedures can result in further legal issues and penalties. If you are unsure about the process, seek legal advice from a qualified lawyer or advocate in Jammu and Kashmir.

If you believe that your bike or car has been seized unlawfully, you may be able to challenge the seizure in court. It is important to consult with a lawyer who has experience in traffic laws and regulations to understand your legal options.

In conclusion, if your bike or car has been seized by the traffic police in Jammu and Kashmir for a traffic violation, follow the correct procedures to get it released. Pay any fines or penalties that are due, provide proof of ownership and insurance, and submit the required documents to the traffic police station where your bike or car was seized. If you encounter any legal issues, seek assistance from a qualified lawyer or advocate.

How to file a domestic violence case in Jammu and Kashmir

If you or someone you know has experienced domestic violence in Jammu and Kashmir, you can file a complaint with the local police or the Protection Officer under the Protection of Women from Domestic Violence Act (PWDVA), 2005. Here are the steps you can follow to file a domestic violence case in Jammu and Kashmir:

1. Contact the police: You can go to your nearest police station or contact the Women’s Helpline (181) or the National Commission for Women (NCW) Helpline (1091) to report the incident of domestic violence. You can also file a complaint online at the Jammu and Kashmir Police website.

2. Lodge a First Information Report (FIR): The police will register a FIR based on your complaint and begin the investigation process.

3. Obtain a Protection Order: You can also approach the Protection Officer under the PWDVA, 2005 to obtain a Protection Order. The Protection Officer will help you file an application with the Magistrate’s court for a Protection Order that prohibits the perpetrator from committing any act of domestic violence against you.

4. File a case in court: If you want to pursue legal action against the perpetrator, you can file a case in the Magistrate’s court. You will need to provide evidence of the domestic violence, such as medical records, witness statements, or any other relevant documents.

5. Attend court hearings: You will need to attend all court hearings and provide evidence to support your case. The court will then make a decision based on the evidence presented and provide a verdict.

6. Seek medical assistance: If you have been physically injured, seek medical assistance immediately. It is important to document any injuries, bruises or other physical evidence of abuse, as this can be used as evidence in court.

7. Collect evidence: It is important to collect evidence of the domestic violence, such as photographs, videos, text messages, emails or any other relevant documents. This can help strengthen your case in court.

8. Obtain a restraining order: If you feel that you are in danger, you can obtain a restraining order against the perpetrator. This is a court order that prohibits the perpetrator from coming near you or contacting you.

9. Hire a lawyer: You can hire a lawyer to represent you in court, especially if you feel overwhelmed by the legal process. A lawyer can provide legal guidance and help you navigate the court system.

10. Seek emotional support: Domestic violence can have a profound impact on your emotional and mental well-being. It is important to seek emotional support from family members, friends, or a counselor to help you cope with the trauma.

Remember, domestic violence is a serious crime, and you have the right to seek legal protection and support. Don’t hesitate to reach out for help if you or someone you know is experiencing domestic violence.

Khula Talaq: Muslim Divorce in Jammu and Kashmir

Khula talaq, also known as Muslim divorce, is a legal process through which a Muslim woman in Jammu and Kashmir can seek a divorce from her husband. Here is an article that discusses the process of Khula talaq or Muslim divorce in Jammu and Kashmir.

Under Muslim Personal Law, a woman can seek a divorce from her husband on various grounds, including cruelty, desertion, and impotency. Khula talaq is a form of divorce initiated by the wife, where she can dissolve the marriage by returning the “mehr” (dowry) given to her at the time of marriage.

Here are the steps involved in the Khula talaq process in Jammu and Kashmir:

Step 1: Consult a Lawyer

The first step in the Khula talaq process is to consult a lawyer who specializes in Muslim Personal Law. The lawyer can guide you through the legal process and help you understand your rights and obligations.

Step 2: Send a Legal Notice

The next step is to send a legal notice to your husband, informing him of your intention to seek a divorce. The notice should contain all the relevant details, including the grounds for divorce and the amount of “mehr” to be returned.

Step 3: File a Petition

If your husband does not respond to the legal notice or is unwilling to grant you a divorce, you can file a petition in the family court or Shariah court. The petition should contain all the relevant details, including the grounds for divorce and the amount of “mehr” to be returned.

Step 4: Attend the Court Proceedings

Once the petition is filed, the court will issue a notice to your husband, and the proceedings will begin. You will need to attend the court hearings and provide evidence to support your case.

Step 5: Receive the Divorce Decree

If the court is satisfied with your case, it will issue a divorce decree, which will dissolve your marriage. The husband will need to return the “mehr” amount specified in the petition.

In conclusion, the Khula talaq or Muslim divorce process in Jammu and Kashmir involves several steps, and it is essential to seek the guidance of a lawyer who specializes in Muslim Personal Law to ensure that the process is smooth and hassle-free.

How to File MACT or Accident Case in Jammu and Kashmir

In recent years, the issue of MACT cases in Jammu and Kashmir has gained significant attention. MACT, or the Motor Accident Claims Tribunal, is a legal forum where people can seek compensation for damages and injuries resulting from a motor vehicle accident. In Jammu and Kashmir, the number of MACT cases has been on the rise, and the situation has become a cause for concern.

The rise in MACT cases in Jammu and Kashmir is partly due to the increase in the number of vehicles on the road. According to statistics, the number of vehicles in the state has increased by over 200% in the last two decades. With more vehicles on the road, the likelihood of accidents increases, leading to a corresponding rise in MACT cases.

Another factor contributing to the rise in MACT cases in Jammu and Kashmir is the poor condition of roads in the state. Many roads in the state are narrow and poorly maintained, making them prone to accidents. In addition, the state has a hilly terrain, and many roads are prone to landslides and other natural disasters, which can lead to accidents.

The increase in MACT cases has put a strain on the legal system in Jammu and Kashmir. The state has a limited number of MACT tribunals, and the backlog of cases has become a cause for concern. The delay in the resolution of cases has resulted in a long wait for compensation for those injured in accidents. In some cases, the delay has been so long that the claimants have passed away before their cases could be resolved.

To address the issue of MACT cases in Jammu and Kashmir, the state government has taken some measures. For instance, the government has set up more MACT tribunals in the state to handle the increasing number of cases. The government has also proposed the establishment of Fast Track Courts to expedite the resolution of MACT cases.

Another measure taken by the government is the introduction of the Motor Vehicles (Amendment) Act 2019, which increases the compensation for victims of motor vehicle accidents. Under the amended act, the compensation for death resulting from a hit-and-run accident has been increased from Rs 25,000 to Rs 2 lakh. The compensation for grievous injury has been increased from Rs 12,500 to Rs 50,000.

If you have been involved in a motor vehicle accident in Jammu and Kashmir, you may be entitled to compensation for damages and injuries through the Motor Accident Claims Tribunal (MACT).

Here are the steps to file a MACT or accident case in Jammu and Kashmir:

Step 1: File an FIR

The first step in filing a MACT case is to file a First Information Report (FIR) with the police. The FIR should contain all the relevant details of the accident, including the date, time, location, and the names and contact details of the parties involved.

Step 2: Seek Medical Treatment

If you or anyone involved in the accident has suffered injuries, seek medical treatment immediately. Make sure to obtain a medical certificate from the doctor, which will serve as evidence in the MACT case.

Step 3: Engage a Lawyer

It is advisable to engage a lawyer who specializes in MACT cases. They can guide you through the legal process and help you obtain the maximum compensation for your damages and injuries.

Step 4: File the Claim Petition

The lawyer will prepare and file a claim petition on your behalf. The claim petition should contain all the relevant details of the accident, including the damages suffered and the compensation sought.

Step 5: Attend the Hearing

Once the claim petition is filed, the MACT will issue a notice to the parties involved, including the insurance company. You will need to attend the hearing and provide evidence to support your claim. The evidence may include witness statements, medical certificates, and other documents related to the accident.

Step 6: Receive the Award

After considering all the evidence, the MACT will issue an award, which will specify the compensation amount to be paid. If the insurance company is liable to pay the compensation, they will need to pay the amount to you within the specified time frame.

In conclusion, filing a MACT or accident case in Jammu and Kashmir involves several steps. It is essential to seek the assistance of a lawyer who specializes in MACT cases to ensure that your claim is filed correctly, and you receive the maximum compensation for your damages and injuries.

How to File for Anticipatory Bail in Jammu and Kashmir

Anticipatory bail is a legal provision in India that allows a person to seek bail in anticipation of being arrested for a non-bailable offense. This provision is applicable in all states and union territories of India, including Jammu and Kashmir.

However, the legal framework for anticipatory bail in Jammu and Kashmir underwent significant changes after the abrogation of Article 370 of the Constitution of India in August 2019. Before the abrogation of Article 370, the Jammu and Kashmir Ranbir Penal Code (RPC) governed criminal proceedings in the state. The RPC had a provision for anticipatory bail under Section 438, which allowed a person to apply for bail in anticipation of arrest.

After the abrogation of Article 370, the RPC was replaced by the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC). The IPC and the CrPC are now applicable in Jammu and Kashmir, making it subject to the same legal provisions and procedures as the rest of India.

Under the new legal framework, Section 438 of the CrPC allows for anticipatory bail. According to this provision, a person who apprehends arrest for a non-bailable offense may apply for anticipatory bail in the High Court or the Court of Session. The application must contain the reasons for the apprehension of arrest, and the court may grant bail if it is satisfied that the applicant has a reasonable cause to apprehend arrest.

In Jammu and Kashmir, the procedure for applying for anticipatory bail is similar to that in other parts of India. An application for anticipatory bail must be made to the High Court or the Court of Session, depending on the gravity of the offense. The application must contain the grounds for seeking bail and the reasons for the apprehension of arrest. The court may then grant bail with or without conditions, such as requiring the applicant to cooperate with the investigation or surrender their passport.

It is important to note that anticipatory bail is not an absolute right and is granted only in exceptional cases. The court has the discretion to reject the application if it finds that the apprehension of arrest is not based on reasonable grounds or if the applicant is involved in a serious offense.

Here is a step-by-step guide on how to file for anticipatory bail in Jammu and Kashmir:

Step 1: Hire a Lawyer

The first step in seeking anticipatory bail is to hire a lawyer who specializes in criminal law. A lawyer can guide you through the process and represent you in court.

Step 2: Draft the Application

The next step is to draft the application for anticipatory bail. The application should contain the reasons for seeking bail and the grounds for apprehension of arrest. It should also mention the sections of the law under which the applicant is being investigated.

Step 3: Submit the Application

Once the application is drafted, it should be submitted to the High Court or the Court of Session, depending on the gravity of the offense. The application can be submitted in person or through the lawyer representing the applicant.

Step 4: Attend the Hearing

After the application is submitted, the court will fix a date for the hearing. The applicant and their lawyer must attend the hearing and present their case before the court. The court may also ask questions to clarify any doubts.

Step 5: Grant or Rejection of Anticipatory Bail

After hearing the case, the court may grant anticipatory bail if it is satisfied that the applicant has a reasonable cause to apprehend arrest. The court may also impose conditions while granting bail, such as requiring the applicant to cooperate with the investigation or surrender their passport. If the court finds that the apprehension of arrest is not based on reasonable grounds, it may reject the application for anticipatory bail.

In conclusion, anticipatory bail is a legal provision in Jammu and Kashmir that allows a person to seek bail in anticipation of arrest for a non-bailable offense. After the abrogation of Article 370, Jammu and Kashmir is subject to the same legal framework for anticipatory bail as the rest of India. However, the court has the discretion to grant or reject anticipatory bail based on the circumstances of each case.

mutual divorce in jammu and kashmir

Mutual Divorce in Jammu and Kashmir: A Comprehensive Guide

This article provides a step-by-step guide on how to get a mutual divorce in Jammu and Kashmir, India. Learn about eligibility criteria, legal process, required documents, costs, and tips for a smooth mutual divorce.

Introduction

Mutual divorce can be a challenging process, but with proper guidance, it can be an amicable and smooth experience for couples who want to end their marriage with mutual consent. If you are residing in Jammu and Kashmir, India, and looking for a mutual divorce, this article provides a comprehensive guide on how to navigate the legal process successfully.

Eligibility for Mutual Divorce in Jammu and Kashmir

This section outlines the eligibility criteria for obtaining a mutual divorce in Jammu and Kashmir, including the minimum duration of marriage, separation period, and consent from both parties.

Legal Process for Mutual Divorce in Jammu and Kashmir

This section covers the legal process involved in getting a mutual divorce in Jammu and Kashmir, including filing a joint petition, attending counseling sessions, and appearing in court for the final hearing.

Documents Required for Mutual Divorce in Jammu and Kashmir

This section outlines the essential documents needed for a mutual divorce in Jammu and Kashmir, such as marriage certificate, proof of separation, and income and asset statements.

Cost and Timeline of Mutual Divorce in Jammu and Kashmir

This section explains the costs involved in getting a mutual divorce in Jammu and Kashmir, including court fees and lawyer fees, and provides an estimated timeline for the process.

Alternatives to Mutual Divorce in Jammu and Kashmir

This section discusses alternatives to mutual divorce in Jammu and Kashmir, such as contested divorce, and highlights the key differences between mutual and contested divorce.

Common Challenges in Mutual Divorce in Jammu and Kashmir

This section addresses the common challenges that couples may face during the mutual divorce process in Jammu and Kashmir, such as property disputes, custody battles, and alimony issues.

Role of Lawyers in Mutual Divorce in Jammu and Kashmir

This section explains the role of lawyers in a mutual divorce in Jammu and Kashmir, including their legal responsibilities, fees, and how they can assist couples in navigating the legal process.

Tips for a Smooth Mutual Divorce in Jammu and Kashmir

This section provides some practical tips to help couples navigate the mutual divorce process in Jammu and Kashmir successfully, such as maintaining open communication, seeking professional help, and prioritizing the well-being of children (if any).

Recent Changes in Mutual Divorce Laws in Jammu and Kashmir

This section discusses recent changes in mutual divorce laws in Jammu and Kashmir, such as the abolition of Triple Talaq and the introduction of the Muslim Women (Protection of Rights on Marriage) Act, 2019.

Conclusion

The article ends with a summary of the key points discussed in the article and emphasizes the importance of seeking legal advice and maintaining a peaceful and respectful approach during the mutual divorce process.

Without Divorce second marriage

Bigamy (second marriage) is illegal in India and is punishable by the country’s penal code as a crime against marriage. Muslims are exempt from the bigamy statute, which is applicable to Hindus, Jains, Buddhists, Sikhs, Parsis, and Christians. According to the Hindu Marriage Act of 1955, bigamy is one of the grounds for divorce. The second wife has a claim to maintenance but not to any property rights. According to the Law Commission of India’s recommendation from August 2009, bigamy should be deemed a punishable offence, according to the Law Commission’s recommendation.

Without Divorce, second marriage is an offence in India.

Laws pertaining to a Second Marriage without Divorce: In India, a second marriage without divorce is either illegal or is seen to be an offence by various laws. The following laws have clauses addressing second marriages:

The Hindu Marriage Act: The Hindu Marriage Act’s Section 5 discusses the prerequisites for recognising marriage as valid. The husband or wife of the parties must not be alive at the time of the marriage, must not be alive, or the first marriage must have been dissolved at the time of the second marriage in order for the second marriage to not be deemed invalid under Section 11 of the Hindu Marriage Act.

According to Section 494 of the Indian Penal Code, bigamy, a penal offence, is committed if a person marries when his or her spouse or wife is still living at the time of the marriage. If the husband or wife suspects cheating, they may also report it under Section 415 of the Indian Penal Code.

The presumption clause is specified in relation to the facts regarding human actions under section 114 of the Evidence Act.

Bigamy Punishment Under Different Laws

Bigamy is punishable by Section 17 of the Act, which specifies that it would be treated as a criminal offence and subject to the provisions of Sections 494 and 495 of the Indian Penal Code.

Indian Penal Code: Bigamy is punishable by up to seven years in prison, a fine, or both, according to Section 494 of the Indian Penal Code. According to Section 495 of the Indian Penal Code, a person who commits bigamy by concealing the fact of his or her previous marriage faces a sentence of up to 10 years in jail, a fine, or a combination of the two.

Additionally, there are several personal laws that specify provisions about second marriages and their legal status:

Bigamy is prohibited by Section 5 of the Parsi Marriage and Divorce Act and is either penalised under Section 494 of the IPC or dissolved.

Although bigamy is not directly mentioned in this Act, it is said that it is punishable under section 419 of the IPC if the individual getting married had a spouse who was still alive at the time of the marriage. The registration form for marriage is solely for bachelors or widows/widowers.

Special Marriage Act: Bigamy is a crime under sections 494 and 495 of the Indian Penal Code, according to Section 44 of the Special Marriage Act.

Muslim Law: Bigamy is not directly mentioned in Muslim law, but the Quran mentions that a man may marry four times in his lifetime or have four wives, subject to the requirement that he treat each wife with respect, love, and equality; otherwise, he may only have one wife.

When is a second marriage regarded as legal?

Even though second marriage is prohibited in India, there are some circumstances when it may be acceptable, including the following:

If the court with authority declares the person’s first marriage invalid,

If the individual getting married a second time has a missing spouse who has been missing for seven years and no one has heard from them, the other party needs to be made aware of this.

If there is no evidence to suggest that the second marriage violates any of these qualifications or exceptions,

Legal Rights for Second Wife: The second wife has no legal rights, but there are remedies, because a second marriage during the duration of a first marriage has no standing because it is void. The second wife may launch a case for cheating if a guy marries a woman while still in the midst of his first marriage without disclosing the previous marriage.

Status of the Children Born out of Second Marriage: According to Sections 11 and 16 of the Hindu Marriage, if a kid is born from a void marriage, that child will be treated as legitimate since if the marriage of the child’s parents had been valid, the child would also have been treated as legitimate. The child has a lawful and legitimate right to all of his or her father’s or mother’s property, save for the ancestral joint family property, because the child is legitimate.

Sarla Mudgal v. Union of India & Ors: In this case, it was held that one personal law cannot make the marriage conducted according to the other personal law dissolved. If a person converts himself/herself for marrying a second time the marriage would be considered void and the person committing the act will be charged under section 494 of the Indian Penal Code.

Under the Parsi Marriage and Divorce Act, there is a provision which states that even if the person converts himself/herself, that person will have to adhere to Parsi law, and under Parsi law, bigamy is a punishable offence. Therefore, in Parsi law, conversion is not an option for second marriage without divorce.

How to file for divorce?

If the person has committed bigamy, then the other spouse can file for divorce on this ground by following the given procedure.

  • Get in touch with a divorce-focused advocate.
  • Then, after carefully considering all the relevant information, he or she will create a legal notice stating that you wish to file for divorce on the basis of bigamy, which must be signed by both the party and the attorney.
  • The family court will receive petitions based on the evidence presented, and the date for the hearing will be set by the court.
  • On the specified hearing day, the parties must appear.
  • The judge will issue the decree after hearing all the available facts and evidence.

Get in touch with the best matrimonial lawyer

Conclusion: In India, marriages are mostly performed according to personal law. Parsi Law and Hindu Law make it clear that a second marriage is void. In Islam or Muslim law, four marriages are allowed only if the husband can give equal rights to all the wives. Also, a woman can remarry only after the dissolution of her first marriage. (With Inputs From Lawtendo)