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If Zara is Indira then she is not married to Malik (Page 4)

nutan7 IF-Dazzler

Joined: 11 February 2012
Posts: 2717

Posted: 16 November 2012 at 5:17am | IP Logged
Originally posted by kaya123

just wanted to add this as there seems to be a genuine debate on this ...got it confirmed from a practising lawyer friend in Delhi:
According to law,
if husband or wife goes missing for more than 7 yrs then either party can file for divorce as the missing person is presumed dead.
There is no concept of automatic annullment of marriage here.  The husband/wife will still have to file for a divorce otherwise the first marriage stands legal.
Scenario 2- If a presumed dead person comes back , then also the first marriage is legal until and unless divorce is filed by either parties.
Scenario 3- if either party marries while the spouse is missing/presumed dead, then also the first marriage is valid until there is a divorce or the death is certified.
Scenario 4- If a terminally ill patient gets his/her spouse married to another person while patient is still alive, then the second marriage is not legal, as for second marriage to be considered legal, at the time of second marriage, the first husband/wife should be dead
so the only way the second marriage becomes legal is when divorce is filed and got with the earlier spouse...
Hope these inputs help in a fruitful debate, if anyone is interested to think about this.
 very correct. rishta marriage is not valid as 7 fere r not completed which r must for validity according to hindu marriage law

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