• Need advise regarding legal separation or divorce

Hello.
I am Indian citizen, got married to British citizen( India born) in November 2017 in India. Our marriage is not registered. After 2 months of marriage we are living separate, and its more than a year now. I want to understand what does Indian law suggest about this situation where couple holds different nationality and marriage is not registered. Is it considered valid in India ? As per UK law our marriage is not valid. I am in darkness and don’t know what to do. I want to move on, and want to understand if there is any legal formalities required to get officially separated ?
Asked 6 years ago in Family Law
Religion: Hindu

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13 Answers

You can file for divorce by mutual consent in India 

 

2) your marriage was solemnised in India under provisions of HMA and it would be valid in India 

 

3) contact a local lawyer in India for filing for divorce by mutual consent 

Ajay Sethi
Advocate, Mumbai
99796 Answers
8147 Consultations

Yes even if the marriage is not registered it is valid in India , see since you married as per indian lae either you apply for mutual divorce in India or any other place where wife is consenting for.divorce.

In case she is not agreeing for divorce you need to file a contested divorce in India on ground of cruelty against her and need court order for divorce.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Where marriage was solemnized and what customary rituals were flowed ? 

Non registration dose not effect marriage in India and is valid for all the legal and practical reasons.

Apply for mutual diovrce.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

If both of you are willing to get the divorce and agree mutually on all the terms then you both can file for mutual divorce in India. If your wife not Agreeing then you have to file contested divorce on any ground of divorce. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Madam,

Non-registration of marriage does not nullify marriage. If the couple have lived together with intention and purpose and meaning of marriage then they are considered as married couple.Even under live-in-relationship, there are some beneficial rights for the woman and children born out of such relationship, which has no legal binding.without a legal divorce one can face problems in future. So, it is always better to go for legal divorce. It may be mutual divorce or any of the party of the couple can file divorce petition before the court.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Hello,

A suit for nullity of the marriage will have to be filed in India. The marriage is void ab initio and in case the wife doesn’t have any problem in separation then there is no need to file any case.

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Dear Sir,

 

- It all depends upon the condition in which the marriage was solemnized. 

- Also if the marriage was solemnized under any other court of any other country, it shall be under foreign marriage act will be considered valid.

- You can consult further along with complete details in depth 

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

1. If both of you are Hindu and married in India by following Hindu religious customs and rites, then your marriage is considered as valid  in Indi though it has not yet been registered.

 

2. Only remedy left before you is to get a decree of divorce, if you have decided to terminate the matrimonial relationship with your wife.

 

3. However, it will be prudent on your part to negotiate with her for jointly filing a Mutual Consent divorce petition in India on agreed terms which will be disposed of with in 6 & 1/2 months from the date of its filing.

 

4. If she refuses to sign the MCD petition, yopu shall have to file a divorce petition on acceptable grounds which will be liable to be contested by your wife.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Under which law you got married.  If you got married as per special marriage Act then you need to file divorce as per the said Act by showing 1 year separation

Prashant Nayak
Advocate, Mumbai
34529 Answers
249 Consultations

1. If both persons are Hindus as in your case then irrespective of their nationality a valid marriage is done if the marriage was performed as per Hindu rites and customs.

So you are legally wedded husband and wife and hence the marriage can only be dissolved by a decree of court of law.

So if your spouse is agreeable then file a mutual consent divorce in India which does not take more than six months of time.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

In India even if your marriage is not registered, it is legally recognised as the marriage was solemnized with Hindu rites and rituals in India.

Even gandharv marriages are valid in India with no rituals, witnesses or family participation.

If your wife is agreeing for mutual consent, you will have to file a petition for mutual consent divorce. Decree of divorce would be granted to you in 6 months.

You will have to file for contested divorce, if your wife is not agreeing for divorce on the basis grounds mentioned under section 13 of Hindu Marriage Act

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

In India your marriage  will be covered under the provisions of special marriage act.

Without registering the marriage under the said act your marriage may not be considered as a valid in India also.

Since your marriage is neither valid in India nor in UK , if she  is not with you and you do not want to go ahead with this marriage, you may just like that ignore her and live your life or you can get your marriage registered and then apply for divorce.

T Kalaiselvan
Advocate, Vellore
89996 Answers
2496 Consultations

1. Since you are an Indian citizen who married in India your marriage is amenable to the jurisdiction of the court under Hindu Marriage Act. Hence, you are at liberty to file a petition for dissolution of marriage on the ground(s) attracted to the facts of your case.

2. Under Indian Law your marriage is valid, hence you have to obtain a decree of divorce before remarrying.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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