My second marriage certificate shows a date of 22nd September 2010, but I divorced my first wife on 11th November 2010. My second wife and I started living together on the 22nd of September, but we actually got married five months later. She wanted the marriage certificate to reflect the day we started living together, but I didn’t think about the divorce date. Neither of our previous marital statuses are mentioned on the certificate. Is this legal in India?

Apni Law
Apni Law
Law Forum › Category: Divorce › My second marriage certificate shows a date of 22nd September 2010, but I divorced my first wife on 11th November 2010. My second wife and I started living together on the 22nd of September, but we actually got married five months later. She wanted the marriage certificate to reflect the day we started living together, but I didn’t think about the divorce date. Neither of our previous marital statuses are mentioned on the certificate. Is this legal in India?
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Apni Law Staff asked 2 years ago

My second marriage certificate shows a date of 22nd September 2010, but I divorced my first wife on 11th November 2010. My second wife and I started living together on the 22nd of September, but we actually got married five months later. She wanted the marriage certificate to reflect the day we started living together, but I didn’t think about the divorce date. Neither of our previous marital statuses are mentioned on the certificate. Is this legal in India?

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Apni Law Staff answered 2 years ago

No, this is not legal in India. Under the Hindu Marriage Act, a person cannot enter into a second marriage without a valid divorce from their previous spouse. Your second marriage is void since it was contracted before your divorce was finalized. The date on the marriage certificate is irrelevant as it does not reflect the legal reality.

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