Married in a catholic church but the marriage not legally registered and no marriage certificate. Two girl children who stay with the mother. Both living separately for 4 years. 1) Is the marriage valid and legal? 2) Is a divorce necessary to remarry? 3) What is the legal stance on maintenance to be paid by the father for the kids and wife in such a non registered marriage? 4) wife refuses to give divorce just to make him suffer but she is living with another man and his children. In the absence of first marriage registration legally can the man get remarried ?
ANS- 1) Yes, the marriage is valid and legal.
2) Yes, a divorce necessary to remarry or you can stay in LIR without anybody knowing about this.
3) The legal stance on maintenance to be paid by the father for the kids and wife in such a non-registered marriage, still the father is required to maintain his children and also wife if the wife is uneducated and not capable enough to earn.
4) Yes, wife can refuse to give divorce just to make you suffer. NO, In the absence of first marriage registration legally the man cannot get remarried as only after the divorce of the first marriage second marriage is valid/legal.
Dear Client, As per your query, even though the marriage was not legally registered, it is still valid under religious law, so a legal divorce is necessary to remarry, as remarriage without divorce could result in bigamy charges under Section 82(2) of the BNS, 2023. The husband is legally obligated to pay maintenance for his wife and children under Section 144 of the BNSS, 2023, regardless of the marriage's registration. Given that they have lived separately for four years and the wife is living with another man, the husband can file for divorce on grounds of adultery or desertion under Section 10 of the Divorce Act, 1869. Hope this answers your query.
