• Divorce in a non-registered marriage (probably) mutually

I was living in with a girl in delhi for around 5 years, after 5 years under her family's pressure(emotional) we decided to get married and tied the knot in a very small ceremony(like no invitation cards and all) by a local pandit in her house/hometown. Our marriage is not yet registered(but in her aadhar she is w/o ME for the purpose of making the rent agreements) The girl is from Agra/I am from Dehradun, live in a rented flat in Delhi, she is earning good in an MNC, and I most of the time am Jobless(Web Designer, with no real projects in hand) I am trying to convince her to get me a divorce, what are the possibilities? and would there be any alimony or anything involved as my earnings are lesser, my educational qualifications are lesser, I don't have a real job, Just have a younger sister in my hometown for family. No real assets movable or immovable in only my name(Paternal house/shop is the only thing I own that too jointly with my sister. I am trying my wife to give me a divorce and she agrees at times, but I don't really know how will she react at the real situation.
Please Help and Yes I have been saving some money for the divorce expenditures.
Asked 5 years ago in Family Law
Religion: Hindu

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14 Answers

If she's ready for mutual divorce, things are going to be very easy and your marriage may be dissolved in terms of mutually settles terms and conditions. This will save you the alimony and maintenance which may otherwise be imposed upon you incase you go for a regular divorce.

Also, mutual consent divorce is hassle-free and less cumbersome in comparison to the regular contested divorce.

Discuss the idea of mutual divorce with your wife. Send her a Legal Notice incase she denies.

Vibhanshu Srivastava
Advocate, New Delhi
9441 Answers
251 Consultations

5.0 on 5.0

If the marriage has been solemnised as per the Hindu rites and rituals then the marriage is a valid marriage irrespective of the fact that it is registered or not.

From the facts as told by you I do not see any ground on which you can seek Taiwan, it is advised that you take a mutual consent divorce with your wife to settle the issue. The same is less time consuming and will cost you less also.

If she claims some alimony in lieu of divorce then you will have to give the same, therefore while talking to your wife for mutual consent divorce also make clear that you can pay less or no alimony.

Regards

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

if u both hv mutual consent u cn file petition under section 13b nd if she hv no objection u neednot to gv her permanent alimony.

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

Friend

All marriages have ups and downs.

Divorce in India is no longer the rare breed of animal we get to hear about in a distant world. ‘Divorce’ or the big D word is now heard more frequently than before.

One of the reason for divorce in India is women are becoming more independent. Another factor that contributes to this increasing trend of divorce in India is the fact that women are psychologically and financially more independent now leading them to break free from what can be termed as “restraining” or “unsatisfactory” marriages. Educated working women may not have the time needed to focus on running the household and this creates a lot of stress on the family resulting in divorce.

Friend you both should talk to each other about future course. If you both reach to a conclusion that marriage is not workable you should ease out the tension surrounding them and accept that their marriage has broken down. Forget the fear of society. Nobody knows situation better than husband and wife themselves; also impact on the children.

So friend if you have decided to take divorce then you can take divorce by Mutual Consent, as the name suggests, means when both Husband and wife agree amicably amongst themselves that they cannot live together anymore and that the best solution is to Divorce, without putting forth any allegations against each other, in the court of law. Alimony, child custody, maintenance etc can be decided mutually.

But friend i will suggest you to go to a Counsellor who can talk to both of you with his/her level of expertise and experience to determine the real cause of issue. Hopefully that will clear your mind, either convince you to give your marriage another try, or at least open her eyes to the fact there no point flogging a dead horse.

You can talk to me for further clarification.

GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, New Delhi
317 Answers
5 Consultations

4.0 on 5.0

1. The esential Hindu ceremonies like taking steps around the holy fire was taken the marriage was validly performed.

2.Now it is not clear why you wish to take divorce from her. Do not take chance in divorce.Try to work this marriage out first. It requires time and patience.

3. Thought for divorce must come at the very last stage.

4. If she does not agree for mutual divorce then you will have to file contested divorce suit which takes time.

5. If you manage to prove her income there your liability to maintain ger come to a naught.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
407 Consultations

5.0 on 5.0

If your wife is agree on mutual diavorce then you can file diavorce u/s 13-b. Cooling period will be 6 months. After that if both the parties are agreed diavorce will be granted.no heavy costs

Rajesh Kumar
Advocate, Ludhiana
119 Answers
1 Consultation

4.3 on 5.0

First for seeking divorce you must have some ground, like

-desertion .i.e. living away from the spouse with reasonable reason

-cruelty i.e. one's behaviour is such that it becomes impossible to live with other

-bigamy i.e. one spouse has sexual relationship outside marriage

-unsound mind means one become insane

-incurable disease.

you have not mentioned any such ground to file divorce petition.

Mayank Srivastava
Advocate, Allahabad
61 Answers
18 Consultations

5.0 on 5.0

You can file for divorce by mutual consent

2) if your wife is earning more than you then you won’t have to pay her alimony

3)mutual consent divorce takes 6 months

4) contested divorce proceedings take 5 years to be disposed of

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

If you want a d your wife agrees then you can go for mutual divorce and in such case if she agrees not to accept alimony then you will be relieved. But if she claims alimony then go for contested divorce and proof her income in court so that court relax the maintenance as she is well salaried to maintain herself.

Hope my reply helps you.

Johnu Kanta Bhuyan
Advocate, Guwahati
194 Answers
3 Consultations

5.0 on 5.0

Sir,

Certain things are not stated by you. Whether you have joint marriage photograph or not. Second whether any issues from marriage and other things which actually can be ascertained when we talk face to face. Just having name in Adhaar card doesn't very well prove the marriage.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

Hi, it is advisable to file a mutual divorce petiton.. The alimony is not granted by court untill claimed by the girl and in mutual divorce petiton the alimony matter is decided mutually , so you don't have to worry about the expenses other than the lawyers fee

Hemant Chaudhary
Advocate, Gurgaon
4625 Answers
67 Consultations

4.9 on 5.0

First of all you need to discuss about the maintenance and alimony after that you can entered into a memorandum of understanding agreement according to your terms and conditions. Then you can go for the divorce.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Hi

The Best and fastest way out of a marriage legally is Mutual Consent Divorce. Section 13(B) HMA.

Convince her for the mutual consent divorce, that will be best for you. and you amy not have to pay any maintenance but some alimony have to be paid. But if the girl says in court that she does not require anything then you need not to pay anything.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

What is the reason that you are planning to dissolve the marriage solemnised with her?

Do you have any strong reason to break this marital bondage?

You have to prove before court the reasons and the allegations that you may put forth seeking divorce

If she agrees for mutual consent divorce, it would be better that you talk the terms and wind up the marriage.

T Kalaiselvan
Advocate, Vellore
79182 Answers
1611 Consultations

5.0 on 5.0

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