• Annulment/divorce before registration of marriage

Hi, 
What is the procedure for separation after less then one year in marraige, when the marraige has still not been legally registered? 
Can you let me know what is the procedure for both mutual and non-mutual separation? 
If either of the people involved in marraige is caught cheating,what are the legal complications? Can any charges be filled against them?
Asked 7 years ago in Family Law
Religion: Hindu

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4 Answers

Hi, Within one year you can't file a petition for divorce, for seeking judicial separation you have to wait one year. it is better after completion of one year you have to file either for divorce or for judicial separation.

Pradeep Bharathipura
Advocate, Bangalore
5607 Answers
336 Consultations

4.5 on 5.0

1) only in exceptional circumstances can you file for divorce before expiry of one year of marriage

2) non registration dooes not affect the validity of marriage

3) after expiry of one year of marriage you can file for divorce on grounds of mental cruelty

4) rely upon evidence in your possession that spouse has committed cheating

5) if wife has committed adultery with another man without husband consent then case of adultery can be filed against her lover under section 497 of IPC

6) mutual consent divorce takes 6 months and contested divorce 5 years

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1.There is no legal procedure required to get separate for a married couple from each other. Once can just move out and stay separate.

2.However if you meant to say divorce then it can be done either by mutual divorce where consent of both husband and wife is required.

3. if it is not possible then either of the two can file contested divorce suit which takes years to finish.

4.If marriage was performed by way of Hindu rites and customs

5. Cheating is a ground for divorce and criminal case u/s497 IPC only if it is proved.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

1. Even if your marriage has not been registered, it is admitted that you are married for which you shall have to wait for completion of one year of your said social/religious marriage before filing the divorce suit.

2. After completion of the said one year of marriage and also showing that both of you stay separately for one year, you can file mutual consent divorce petition which will be disposed of within 6 & 1/2 months from the date of its filing.

3. If MCD is not agreed then divorce suit can be filed on the ground of cruelty and extra marital affair out of the wedlock is considered as a form of cruelty.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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