Can individuals marry in court if one or both parties are previously married but divorced in India?

Answer By law4u team

Yes, individuals can marry in court in India if one or both parties were previously married but have since been legally divorced. The legal framework governing such marriages is primarily outlined in the Hindu Marriage Act, 1955, the Special Marriage Act, 1954, and other personal laws applicable to different communities. Key Requirements and Procedure: Legal Divorce: Both parties must have obtained a legal divorce from their previous spouse(s). The divorce must be final and not subject to any pending appeal or challenge in court. A certified copy of the divorce decree must be provided as proof. Documents Required: Proof of Identity: Passport, Aadhaar card, voter ID, etc. Proof of Age: Birth certificate, school leaving certificate, etc. Address Proof: Utility bills, rental agreement, etc. Divorce Decree: Certified copy of the divorce order from the court. Passport-sized Photographs: Usually four to six recent photographs. Notice of Intended Marriage: Under the Special Marriage Act, 1954, parties must give a notice of intended marriage to the Marriage Officer of the district where at least one of the parties has resided for a minimum of 30 days prior to giving the notice. This notice is then published by the Marriage Officer, inviting any objections to the marriage within a 30-day period. Objections: If there are no objections within 30 days, the marriage can be solemnized. If an objection is raised, the Marriage Officer investigates its validity. If the objection is found to be invalid, the marriage can proceed. Solemnization of Marriage: The marriage is solemnized at the office of the Marriage Officer. The couple and three witnesses sign the marriage register. A marriage certificate is issued, which serves as legal proof of the marriage. Legal Considerations: Marriage Laws: Hindu Marriage Act, 1955: Applies to Hindus, Buddhists, Jains, and Sikhs. Section 15 allows remarriage after the decree of divorce has become final. Special Marriage Act, 1954: Allows for civil marriages between individuals of different religions or for those who do not wish to marry under personal laws. No Subsisting Marriage: The law mandates that neither party should have a subsisting marriage at the time of entering into the new marriage. This means the previous marriage must be legally dissolved by a competent court. Eligibility: The parties must meet the legal age requirements for marriage (18 years for the bride and 21 years for the groom). The parties must not be within prohibited degrees of relationship, unless the custom governing at least one of the parties permits such a marriage. In conclusion, as long as the previous marriage has been legally dissolved and the parties meet the other requirements under the law, they are free to marry in court in India.

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