Boss2966
Industrial Relations
Veer20125
Student

Thread Started by #veer20125

I am a widower without any kids. I engaged with a woman having 2 kids. We had sworn before the notary public documented on a 10 rupees non judicial paper and made one affidafit that we are married according to our own choices and acknowledging our marriage as wife and husband. But later it became evident that there is no divorce documents from her previous husband.Till then 1 and half years are over. This fact has disturbed me a lot regarding her intention.KINDLY SUGGEST ME THAT THIS AFFIDAFIT PAPER SWORN BEFORE NOTARY PUBLIC HAS ANY LEGAL VALUE AND PROBLEM FOR ME TO GET RID OF HER ? IF YES THEN WHAT SHOULD I DO TO GET RID OF HER ?
6th September 2012 From Saudi Arabia, Jeddah
Dear Veer
As a matter of fact without Divorce Decree the Divorce is not valid. Now the First Husband only the legal husband as there is no such document for any separation. The second husband is illegal and he cannot claim any right. The Affidavit is not at all accepted in case of separation (As a Divorce Document) in India. But you can confirm from your State Act i.e., Saudi Arabia.
6th September 2012 From India, Kumbakonam
Thank u so much boss2966,U made it clear that as long as there is no divorce decree the second husband is illegal and he can not claim any rights.Kindly get me more clear idea regarding the Notary public Affidavit (IN INDIA,not at Saudi arabia)acknowldeging the said marriage between the woman and the second husband.(here the affidavit says that there was a marriage between the woman and the second husband, just one acknowldgement only).Can you tell me what is the legal value of such affidavit acknowldeging the marriage in this case and how safe the second husband is ?
7th September 2012 From Saudi Arabia, Jeddah
Dear Veer
Normally Absence of Positive Act documents will not effect the legality. (Without Birth Certificate we can prove our Birth (School Certificate, Affidavit, Without Marriage Certificate we can Prove. (Wherever we stay statement by any two witness can prove the Marriage)) But for Negative Acts like Death, Death Certificate is must and even if you prove, it cannot be considered as a Proof, like Divorce, it will not be considered without Decree.
8th September 2012 From India, Kumbakonam
Dear Veer,
There is no sanctity attached to the affidavit sworn in front of the notary public because your second marriage is void ab initio untill she takes divorce from the first husband. so this arrangement is illegal and void since existence. This affidavit is beneficial for you only as she shall not be able to charge you for the rape etc. How ever for the purposes of the maintenance you are not liable as this marriage is illegal until divorce from the first husband. More so there is no arrangement of such type in any personal law to be married like this on notarized stamp paper unless the marriage exists as per the personal law of the individual. Thanks
7th March 2016 From India, Delhi
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