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  • Category: Marriage

    Documents required for Second marriage

    Do you want to know about the procedure for going for second marriage? Check this page to know about it from our ISC experts.

    I am a Hindu by birth but My first marriage was a Nikah which ended within one and half year in 2009 with a valid affidavit and talaknama. But we had not registered the same. I had undergone re-conversion procedure through aryasamaj immediately after the talak. I have a son who is now 9 years old in my sole custody. We are not in contact and I'm not taking any alimony and we are not in touch at all for so many years. He's even married again I've heard. Now I'm planning to settle down again and I know that decree of divorce needs to be submitted at the time of registering my second marriage. In my case will it be sufficient if I submit my Talaknama because I don't have registration certificate nor decree? Please guide me.
  • Answers

    4 Answers found.
  • You have a valid affidavit signed by both the parties. You have a talaqnama. As you are a Muslim at that time the talaqnama may be accepted. But the issue will completely depend on the other partner. Probably the girl whom you will marry as a second marriage may not have confidence and she may insist for an official divorce decree. So to make the girl confident you should apply for official divorce and take the decree.

    always confident

  • You are a Hindu but you did Nikah so talaknama is sufficient to do second marriage. If talaknama is in Urdu, please translate in English and present it.

    Honesty is the best policy.

  • As you have talaknama with you and you are Muslim at that time so, talaknama is the valid evidence of divorce with your partner. Because in case of Nikah talaknama is the final confirmation of getting separation from your partner.
    You also have a valid affidavit from court which also a proof of your divorce. So, both the documents are sufficient to prove your divorce from 1st marriage.
    Decree of Divorce is not must to be submitted in your case. For further doubt clearance consult with a good lawyer who deals with marriage related cases. Do as he/she says in the case of your second marriage.

  • From your question, it is clear that you are a Hindu female. You married a muslim male after conversion. The talaqnama is a valid document of divorce in case of muslim marriage. If you want to marry a muslim male again as per muslim personal law and muslim marriage act, it (the talaqnama) will be accepted by all without any confusion.

    If you want to marry a Hindu male, it will depend upon him or his family members whether they would accept it as a valid document or not. Although it may be a legal document, but society does not always strictly follow legality. You have to talk to your partner, his family members and both of you have to talk in details with an experienced marriage lawyer. The legality in respect of your child from your first wedlock is also required to be discussed beforehand with your would-be partner and the lawyer.

    "If you are killed in action, you go to Heaven. If you win, you rule this Earth (as beautiful as Heaven). That is why, O son of Kunti, take a firm resolve and fight!"-- Shrimad Bhagwad Gita

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