• Hindu ritual marriage but not registered

A couple is married as a hindu rituals, but never registered in court.  They have only lived together for 7 months.  Due to conflict, now they live separately.  It has been 2 year now since separation.  Can that marriage be canceled or voided?  Is that marriage still active?  Can one of them move forward and marry again (to 3rd person)?   How does the court looks at?  What steps would clear and how long could it take?
Asked 3 years ago in Family Law from United States
Religion: Hindu
1) since marriage has solemnised as per hindu rituals it is valid marriage . 

2) the marriage is not null and void on grounds that marriage is not registered . 

3) if for 2 years husband and wife are staying separate file for divorce by mutual consent . 

4) if one of the parties refuse consent then file for contested divorce on grounds of mental cruelty , desertion . 

5) you cannot remarry during subsistence of earlier marriage 

6) if you remarry during subsistence of earlier marriage your wife  can file case of bigamy against you . 

7) best option is to obtain divorce by mutual consent . it takes around 6 months
Ajay Sethi
Advocate, Mumbai
45705 Answers
2688 Consultations

5.0 on 5.0

Hi' since marriage has been taken place as pre hindu rituals then the marriage is valid.
2. Both of them can not remarry without getting divorce from the court.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

1. Though registration of marriage is compulsory in India, the marriage does not become null and void in absence of it.
2. in your case the marriage is perfectly legal and it can not be declared as null and void.
3. If you want to end this marriage then you have to file suit for divorce on the ground of cruelty and desertion. 
4. Without decree of divorce from a competent court of India neither of you can remarry.
Devajyoti Barman
Advocate, Kolkata
12884 Answers
166 Consultations

5.0 on 5.0

1) For marriage to be valid it does not have to be registered.
2) Your marriage was performed as power Hindu Vedic rites and rituals and therefore it is a valid marriage despite the separation for two years.
3) Neither of you can marry until you obtain a Divorce Decree from the court.
4) If both the spouses are willing to legally tend their marriage they can file a joint petition for mutually consented divorce and can get an order in six months.
5) If one spouse is not willing to give divorce then the other partner can independently file for divorce in grounds of cruelty and desertion. It will take a few years to get an order in this instance though.
S J Mathew
Advocate, Mumbai
2252 Answers
110 Consultations

5.0 on 5.0

1. The marriage has been solemnized according to Hindu rituals. The fact that it has not been registered does not affect the validity of the marriage. So the marriage subsists for all legal and practical reasons. 

2. There is no question of the marriage being a nullity due to it not being registered. 

3. If the spouses do not wish to continue the marriage then they may file for mutual consent divorce after drawing up the consent terms. 

4. If there is no agreement to file for mutual divorce then divorce may be unilaterally filed on the ground of cruelty and desertion.

5. Hindu law does not permit bigamy. So if any of them remarries before obtaining divorce from the court he/she can be prosecuted for bigamy if his/her spouse files a case in the court.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1. The marriage has already been solemnised as per Hindu Marriage Act.,

2. The bmarriage is valid despite the fact that it was not registered,

3. Since both of you are living seperately for more than the required period of 1 year, you can fle mutual consent divorce,

4. If one of you refuse to sign MCD,  the other can file a divorce suit on appropriate ground like cruelty,

5. Go for MCD since it will be disposed of with in around 6 months.
Krishna Kishore Ganguly
Advocate, Kolkata
18535 Answers
449 Consultations

5.0 on 5.0

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