Non registration does not affect validity of marriage
2) marriage invitation cards , wedding photos are sufficient to prove marriage
3) you need to file for divorce by mutual consent for dissolution of your marriage
I got married in India a few months back and I am currently residing in USA. Unfortunately the relationship between my wife and I isn't working out. We are considering a mutual divorce. However we never signed any marriage certificate in India or in the US. It was just a traditional Hindu wedding. I was wondering if we still need to file for an official divorce since there is no alimony etc or any registered record of our wedding.
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Non registration does not affect validity of marriage
2) marriage invitation cards , wedding photos are sufficient to prove marriage
3) you need to file for divorce by mutual consent for dissolution of your marriage
But if neither parties have any concerns about parting ways and if there is no proof then why a formal procedure. Can it be filed remotely for people residing in the US?
1) you need court orders for dissolution of marriage
2) second marriage during subsistence of earlier marriage is illegal
3) you can execute POA in favour of family member for filing for divorce by mutual consent
You need to file mutual consent divorce in India and seek decree
If you are married in the custom way in the India as per Hindu Marriage Act than it's valid and for that no need of proof of marriage certificate.
If your wife has anyone government documents where it's say she is your wife than she file case in India for alimony and maintenance.
If you both are living in abroad so kindly get MOU signed of Mutual Consent Divorce and get signed of judge of foreign country or Indian Embassy.
Hello,
Whether the marriage is done by registering it or in a traditional way it doesn't matter. You both have file a divorce after one year in India and you have to be present in person.
Regards
a short cut way would be what you just stated. But of you married again and then you had a visa problem or it is specifically asked whether you were married before you have to tell a lie. Moreover you first wife may raise this issue at any point of time. These are just things that could happen or not so act accordingly.
Regards
See even if the marriage is not registered it is valid and you need decree of divorce for same. So you have to file for divorce before the court.
If your wife is in the USA then file a divorce petition there on no fault ground.
It can be filed through a power of attorney in India.
1. Eventhough there do not exist Marriage Certificate, still it's true that you are married in the eyes of your friends and relatives.
2. At the moment, both of you may feel that there are no commitments like Alimony/Maintenance, etc, but if you part without a divorce decree you can't restart your life afresh, getting remarried and if you remarry, you may have to face legal action for remarrying without obtaining divorce from the first marriage.
3. It can be filed remotely by giving Vakalath to the Advocate, but your presence will be essential for one or two times.
You can file divorce through power of attorney. See as per law you need to file for the divorce to get legally separated.
Registration of marriage is not mandatory in India. Even unregistered marriages have full legal validity. Therefore, getting a decree of divorce is essential to dissolve the marriage even if it was unregistered.
You can file for divorce by way of mutual consent in USA as divorce decree by a foreign Court by way of mutual consent is fully enforceable and binding in India for the marriages that have been solemnized in India.
If you remarry during the subsistence of your first marriage and without decree of divorce, you will be liable for an offence of bigamy which is a serious offence under section 494 of the Indian Penal Code.
Formal procedure of getting a decree of divorce might be tedious but is indispensable. If you are not thinking of getting remarried, then no formal decree is required.
Yes you need to take official divorce.
Marriage as per the hindu rituals is sufficient to constitute a legal marriage
If both the parties do not have any issue and are ready to part ways and are very sure that both the parties will not intervene in future then you may do the same as well
But it is always advised that you take proper divorce
1. You have got married in India by following Hindu rites and customs which can not be denied by you at any point of time for which you are legally considered as husband and wife.
2. You shall have to legally get the decree of divorce from the Court of law for parting ways.
3. Negotiate with him and file a mutual consent divorce petition after completion of one year of marriage showing that you never stayed together, which will, be disposed of within in 6 & 1/2 months after the date of its filing.
4. Never take the risk of considering you as not married to him since the marriage was not registered and act further by remarrying since it might land in to serious problem later on.
Even if the marriage is not registered, you have to seek divorce by filing a divorce petition before the family court. She can claim maintenance if she is not able to maintain herself.
First of all be aware that once your marriage is solemnised as per rituals it is a legally valid marriage.
You cannot escape the liability stating that since marriage was not registered hence not valid.
In India you have to wait for one year separation to file mutual consent divorce.
You are questioning the law without understanding it.
Law is common for all.
You have to obey the law of the land and cannot talk logic.