Hi, I have got married in India 5 yrs back. Due to rush, unknowingly my marriage was not registered. So, I don't have a marriage certificate. We are Australian Citizens now and according to Australian Law, because we dont have our marriage registered neither in India nor in Australia, we would not be considered as a married couple so we cant apply for a Divorce if we want to get separated. To avoid future complications both in India and Australia, is it mandatory to take a Divorce? Can we marry other people in future? Where would our case stand according to Indian Law? We don't have any parenting or property issues to resolve. Please advise
Asked 4 years ago in Family Law from Hyderabad, Andhra Pradesh
even if your marriage is not registered you can apply for divorce in india at place wherein your marriage was solemnised or where you are staying after marriage . you can rely upon your marriage invitation card , wedding photographs for divorce in india . you can also still come to india and register your marriage if you so desire
Thanks for the prompt reply Ajay. Is it a compulsion that We need to apply for a divorce in India if we both want to get separated and live our lives with different partners in Australia? What would be the legal complications in India? If applying for a Divorce is mandatory in India then how long will it take to get the divorce approved: (a) With mutual Consent, and (b) Without mutual consent. Thank you.
Asked 4 years ago
with mutual consent 7 months provided you were staying separate for one year . contested divorce petitions take years to be disposed of .
you can file for divorce in Australia also if you so desire . divorce decree would be valid in india . it ought to be on grounds recognized for divorce in india
you can apply for divorce in australia on the grounds recognized in india.with permission from court you can waive one year separation period also for going for divorce by mutual consent.
Advocate, New Delhi
Without getting legal divorce you can not marry again if you do then it is an offence in india u/s 494 of IPC, so divorce is mandatory if you want to marry again. or other party want to do that.
Advocate, New Delhi
Hi, without divorce you can't marry other and you have to registered your marriage event today. based on the invitation card.
You may apply for divorce in India by submitting in proof your marriage invitation card and photographs clicked during marriage ceremony even if your marriage has not been registered Indian law and Australian law on the subject of marriage registration is not same. Under the law prevailing in India you may apply for divorce regardless of whether marriage has been registered or not. Unless and until you have obtained divorce you cannot remarry.
If you apply for divorce mutually then the process would be complete within 7-8 months, whereas without mutual consent it may take anything between a year to year and a half.
You may apply for divorce mutually in Australia as well on the grounds enumerated for divorce in India.
Marriage is pious bondage in Hindu law. If you had married traditionally, then there is no need of registration. File your matter with affidavits mentioning the events showing yourselves a married couple. Go to the Court with clean hands and you will get the desired thing.