ejimatic:
A man married a woman legally and after some years he suddenly disappeared from the family.His wife looked for him for seven years after which the court legally declared the man missing. The woman remarried and had two children .Suddenly the missing husband reaaoeared from nowhere and claimed to be the rightful owner of the woman.
.The question is Who is the real husband? The first man or the second man.? I also want to add that assumption of death declaration is just for document purpose and can be used by the wife to access family property in any form .It is not a license for remarriage.You still need to dissolve the first marriage before you go for the second one. This however applies to those who want to do things properly and legally not in our society where most people do what they like on marriage matters. Any contrary opinion is respected

. I just read now somebody said I called for a legal action against a dead person .That is the person s interpretation which did not originate from my submission.What I said here is that the woman should approach the court for the dissolution of the marriage.If the marriage is not dissolved the First Man is the husband legally even if he comes ten years after.The second man is just gambling in his union with the woman. Granted,It is painful and emotional especially when there are children in the second marriage Playing safe in a marriage matter is non negotiable.

ejimatic:
. I just read now somebody said I called for a legal action against a dead person .That is the person s interpretation which did not originate from my submission.What I said here is that the woman should approach the court for the dissolution of the marriage.If the marriage is not dissolved the First Man is the husband legally even if he comes ten years after.The second man is just gambling in his union with the woman. Granted,It is painful and emotional especially when there are children in the second marriage Playing safe in a marriage matter is non negotiable.

Try it, go to court and lay this case, see if you would not be going Straight to Prison for being a Fake Lawyer!

ejimatic:
. Assumption that is the word.He is assumed to have died but he is not dead.Something therefore is still wrong about the second marriage....The discussion continues

You just want something to be wrong with the second marriage. There isn’t. And the discussion is void because of that

ejimatic:
A man married a woman legally and after some years he suddenly disappeared from the family.His wife looked for him for seven years after which the court legally declared the man missing. The woman remarried and had two children .Suddenly the missing husband reaaoeared from nowhere and claimed to be the rightful owner of the woman.
.The question is Who is the real husband? The first man or the second man.? I also want to add that assumption of death declaration is just for document purpose and can be used by the wife to access family property in any form .It is not a license for remarriage.You still need to dissolve the first marriage before you go for the second one. This however applies to those who want to do things properly and legally not in our society where most people do what they like on marriage matters. Any contrary opinion is respected

The answer is with the wife, she is the one that knows who she thinks or wants as husband

[qIf the We donuote author=cococandy post=101109919]

You just want something to be wrong with the second marriage. There isn’t. And the discussion is void because of that [/quote]. My opinion is based on Assumption of Death Declaration which is not a proper dissolution of marriage. This is quite different from other declaration documents in court. If the man comes bqck a day after assumption of death declaration has been given is he not the husband? He is.Why? the marriage is still valid under the law..Logically then until the first marriage is disolved even in the absence of the first husband the second marriage is invalid under the law

cococandy:


You just want something to be wrong with the second marriage. There isn’t. And the discussion is void because of that

My opinion is based on Assumption of Death Declaration which is not a proper dissolution of marriage. This is quite different from other declaration documents in court. If the man comes bqck a day after assumption of death declaration has been given is he not the husband? He is.Why? the marriage is still valid under the law..Logically then until the first marriage is disolved even in the absence of the first husband the second marriage is invalid under the law

frozen70:


The answer is with the wife, she is the one that knows who she thinks or wants as husband

. Your view could be so but may be different from the judicial interpretation of the matter.The only problem we have in Nigeria is that we do thing as we like.Lawyers don't advise clients well but take only one line of reasoning as if it were to be Mathematics.They end up in complicating matters for their clients.Clients too are in darkness unlike in the foreign countries where citizens have access to the law at home.How many Nigerians even marry legally and properly? As I always advise people don't be too emotional on marital issues Use your senses , [sup][/sup]come out of one marriage legally before you enter into another one. Many Second Marriages have been rubbished in court because there is no ground for them.Their lawyers went home with money for their families.The clients' problems continue.Why not coming out of one legally before going into another? That is why all of us need to assist the society on the legality and illegality of the second marriage .

ejimatic:
. Your view could be so but may be different from the judicial interpretation of the matter.The only problem we have in Nigeria is that we do thing as we like.Lawyers don't advise clients well but take only one line of reasoning as if it were to be Mathematics.They end up in complicating matters for their clients.*Clients too are in darkness unlike in the foreign countries where citizens have access to the law at home*.How many Nigerians even marry legally and properly? As I always advise people don't be too emotional on marital issues Use your senses , [sup][/sup]come out of one marriage legally before you enter into another one. Many Second Marriages have been rubbished in court because there is no ground for them.Their lawyers went home with money for their families.The clients' problems continue.Why not coming out of one legally before going into another? That is why all of us need to assist the society on the legality and illegality of the second marriage .

That's exactly what it is

frozen70:


That's exactly what it is

. Appreciated sir