• Advice needed for dissolving registered marriage

Hi, I am an Indian citizen and my fiancé is an American citizen. We got our registered marriage done at court for visa purpose last month and now due to compatibility issues we are considering dissolving the marriage. What are the legal provisions in this case. We haven't lived together at all as husband and wife and we live in different countries. Thanks in advance.
Asked 7 years ago in Family Law
Religion: Hindu

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7 Answers

Since, the marriage was never solemnised at all and this registration of marriage was done in advance just to expedite the visa documentation, it wouldn't imply that you two are married.

You are not required to file for annulment or dissolution of marriage.

Move a representation before the Registrar of Marriages, apprising him of the situation. Ask him to expunge the relevant entry of your marriage from the Register of Marriages.

If the needful isn't done despite your representation, approach the High Court and seek necessary directions.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

You can opt for mutual divorce under special marriage act if both of u are okay with it and it is the easiest way for divorce provided that you have been living separately for a period of one year or more.

Hope my reply helps you.

Johnu Kanta Bhuyan
Advocate, Guwahati
194 Answers
3 Consultations

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

2) file for divorce by mutual consent on expiry of one year of marriage

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

Marriage once done cna be aplied for disslkution beofre xpirty of one eyar.

So wait for another one year and then both of you can apply for mutual divorce which once applied can be allowed not later than six months.

Till that time wait or ask her to get ex parte divorce in USA which doesn't require this time limit.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
510 Consultations

The marriage took place under which Act, Hindu Marriage Act or the Special Marriage Act.

In either of the cases you will have to file a case for dissolution of the marriage and there is no way out, just procedure will be different as per the act under which the marriage took place.

Best way is to file a mutual consent divorce after 1 year of the marriage.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Hi, once the marriage is registered it can only be dissolved by obtaining a divorce from the competent court .. You both can file a mutual divorce petiton in Mumbai court

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

Since you both belong to different countries your marriage would have been registered under the provisions of special marriage act only

There is no provision to dissolve the marriage within one year from the date of marriage by a decree of divorce through Court of law.

You may have to wait for one year even to file a mutual consent divorce.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

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