• Is a legal divorce needed while separation if marriage was not registered?

Me and my husband got married in the temple followed by other rituals in a hall. 

But we did not sign any documents or register the marriage in front of a registrar or at the resort. 

If we separate, do we still need to go through a legal divorce process?

If yes, How do we proceed? We both live outside of India.
Asked 3 years ago in Family Law
Religion: Hindu

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25 Answers

You need to obtain decree of divorce even your divorce was not registered. Secondly you can file a case for divorce where ever you are staying and get the decree validate from Indian court

Navdeep Kalair
Advocate, Chandigarh
45 Answers
11 Consultations

4.8 on 5.0

1. The marriage performed in a temple as per Hindu rites and customs including the ritual of exchange of garlands, taking 7 steps around the holy fire and putting sindoor on your forehead then this is as good and valid as a registered one.

2.in that event this can be dissolved only through a decree of divorce passed by the competent court of law.

3.To stay separate there is no legal procedure required. However your marriage will remain operative until you get decree of divorce from court.

4. If one year has passed from the date of marriage and both of you are willing then go for mutual divorce which takes around six months of time.

Devajyoti Barman
Advocate, Kolkata
21978 Answers
325 Consultations

5.0 on 5.0

You can file for divorce by mutual consent in India

2) if you are unable to remain present execute POA in favour of family member

3) your virtual presence through Skype is sufficient

4)in alternative you can get divorced in USA by mutual consent

Ajay Sethi
Advocate, Mumbai
80471 Answers
4927 Consultations

5.0 on 5.0

1. The absence of registration of marriage does not render the marriage illegal. A marriage without registration is perfectly legal.

2. Since you are married for all legal and practical purposes you can dissolve the marriage only through a decree of divorce passed by the competent court.

3. You are free to file a petition for mutual consent divorce in the court in India if there is a positive agreement between both of you to amicably part ways.

Ashish Davessar
Advocate, Jaipur
30295 Answers
879 Consultations

5.0 on 5.0

In which year you got married?

Manuj Chadha
Advocate, Panchkula
8 Answers

4.0 on 5.0

1. Even though there was no signature on the documents and no registration of the marriage, so many witnesses as well as photos may be available to prove that both of you got married.

2. Better to opt for divorce on mutual consent, if both are willing.

3. Mutual consent divorce is the best option. It makes divorce less stressful by saving time, effort and money. By avoiding long litigation, couple can move on with their lives just after 6 months of filing for divorce(Nowadays this 6 months waiting period is also waived).

4.To file a divorce petition in India :

(a) spent 1 year in marriage;

(b) Must have lived separately for 1 year

(c) Joint petition to be filed in Family Court.

5. Or else you can file in US for 'No fault divorce', which is almost like Indian MCD and which is recognised in India.

Shashidhar S. Sastry
Advocate, Bangalore
3338 Answers
190 Consultations

5.0 on 5.0

Law is same no recent amendments

Navdeep Kalair
Advocate, Chandigarh
45 Answers
11 Consultations

4.8 on 5.0

1) Yes , you both have to get separate legally by applying for divorce in the family court in India.

2) The marriage is legally done. As per Hindu law if a custom marriage is soleminzed, under sections 7, Hindu Marriage Act, 1955.

3) You have to take Divorce under Mutual Consent as Divorce Act, 1869.

For details do select consultation call.

Ganesh Kadam
Advocate, Pune
11850 Answers
116 Consultations

4.9 on 5.0

You can file for divorce only on expiry of one year of marriage

2) for divorce by mutual consent both parties need to stay separate for period of one year

Ajay Sethi
Advocate, Mumbai
80471 Answers
4927 Consultations

5.0 on 5.0

For NRI's Divorce

If a couple has got married in India, under the Hindu Marriage Act, 1955. The partners can file for divorce by mutual consent, like other Indians residing in the country, India law will recognize their divorce according to the laws of that country, only if it is by mutual consent. Even when the divorce is taking place abroad, it is always better to hire lawyers who is aware of Indian divorce laws relating to NRI's.

Ganesh Kadam
Advocate, Pune
11850 Answers
116 Consultations

4.9 on 5.0

Performing marriage according to hindu rites and customs are enough to constitute a valid marriage. Once both of you have consummated the marriage and lived together as husband and wife, then it has to legally dissolved. If both have decided to mutually dissolve the marriage, then file a divorce by mutual consent. As both of you are living outside india, file the divorce petition before the place where marriage has been performed.

However, As per S.14 of the Hindu Marriage Act, no court is competent to entertain a petition to dissolve a marriage if it is presented within one year of marriage.

Rajaganapathy Ganesan
Advocate, Chennai
1841 Answers
8 Consultations

4.9 on 5.0

Hi, as per Hindu Marriage Act when the Saptapadi is complete the marriage is complete and legal . This can be enforced in any court and the registration even if not complete makes no difference.

In the normal conditions you need to file a separation petition only after one year of the marriage.

Petition before one year can only be filed in special conditions with the court permission.

Vimlesh Prasad Mishra
Advocate, Lucknow
6799 Answers
23 Consultations

4.9 on 5.0

Well, then count 12 months from the date of marriage before which you can't apply for mutual divorce.

Devajyoti Barman
Advocate, Kolkata
21978 Answers
325 Consultations

5.0 on 5.0

Hello,

If you have performed the marriage as per the Hindu rites and rituals then you will have to obtain divorce as per the provisions of the Hindu Marriage Act.

Anilesh Tewari
Advocate, New Delhi
17860 Answers
318 Consultations

5.0 on 5.0

Hello,

No new rule will apply.

Mutual consent divorce will have to be filed.

It can be filed after one year of marriage.

A divorce petition will have to be filed and divorce will be granted after one year of marriage.

Regards

Anilesh Tewari
Advocate, New Delhi
17860 Answers
318 Consultations

5.0 on 5.0

Yes, you both still need to go through the process of divorce under law.

If you both are ready for divorce, you may jointly apply for divorce by mutual consent in the United States of America.

Vibhanshu Srivastava
Advocate, New Delhi
9148 Answers
184 Consultations

5.0 on 5.0

The applicable rules remain the same, irrespective of the year of your marriage.

Vibhanshu Srivastava
Advocate, New Delhi
9148 Answers
184 Consultations

5.0 on 5.0

Though your marriage had not been registered, the fact of the solemnisation of your marriage cannot be denied/

Hence for dissolution of your marriage you have to approach family court/civil court with a petition to dissolve the marriage by a decree of divorce on the grounds of divorce that you may rely upon.

It is pertinent to dissolve the marriage by a decree of divorce through a court of law or else the dissolution by any other mode will not be legally valid.

T Kalaiselvan
Advocate, Vellore
70524 Answers
985 Consultations

5.0 on 5.0

We got married in 2017. Any new rules apply depending on the year?

You have to wait for completion of one year from the date of marriage seeking divorce.

The rule will not change every year.

If you both are Hindus by religion then the provisions of Hindu Marriage Act, 1956 shall be applicable

T Kalaiselvan
Advocate, Vellore
70524 Answers
985 Consultations

5.0 on 5.0

Hi , even if the marriage was not registered on records,you still will be considered married as your marriage took place according to hindu rights and ceremonies..you both can apply for mutual divorce here in India...you both can also apply for divorce proceedings in US

Hemant Chaudhary
Advocate, Gurgaon
4601 Answers
44 Consultations

4.9 on 5.0

1. Marriage solemnised by following Hindu rites and customs in a temple without registering the same is also a valid marriage in the eyes of law for which you are treated as legally married couple.

2,. You shall have to get the decree of divorce from the Court of law in India by filing a divorce petition.

3. If both of you agree, then you both can jointly file a mutual consent divorce petition on agreed terms after completion of 1 year of marriage and showing/submitting that you are staying separately for at least one year.

4. MCD petition is disposed of with in 6 & 1/2 months from the date of its filing where both of you shall have to appear before the Court on the day of the 2nd motion after 6 months of its filing confirming that both of you still want divorce.

Krishna Kishore Ganguly
Advocate, Kolkata
25047 Answers
722 Consultations

5.0 on 5.0

1. No new rule has been enacted for divorce in the year 2017.

2. You shall have to wait for one year for filing the divorce petition, be it contested or mutually consented divorce.

Krishna Kishore Ganguly
Advocate, Kolkata
25047 Answers
722 Consultations

5.0 on 5.0

First of all there must be completion of one year of marriage. Thereafter both of you mutually needs to file mutual consent divorce petition in the court of law. Both of you can appoint any trustworthy person separately by way of special power of attorney who can take decision and appear on your behalf in court of law.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

No, nothing new.

Ashish Davessar
Advocate, Jaipur
30295 Answers
879 Consultations

5.0 on 5.0

Yes you need to file the Divorce with mutual consent in family court having jurisdiction of the place where you stayed after marriage or solemnised the marriage. Only a judicial decree of divorce from court is the legal way of divorce.

Prashant Nayak
Advocate, Mumbai
22962 Answers
49 Consultations

4.4 on 5.0

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