• Divorced reunited but not happy

We took mutual consent divorce but thereafter we think of reunite again and do marriage in temple only in presence of Pandit and parents but not done registered our marriage. Is our marriage valid. Actually we are not happy and I am thinking for separation. I have to take divorce again.
Asked 1 year ago in Family Law
Religion: Hindu

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15 Answers

Dear

If you have reunited through marriage then you again have to get divorce from your spouse from court.

If your spouse also agrees then you can again go for MCD.

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

Yes the marriage is valid and you need to again take a legal divorce for ending the marriage.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
115 Consultations

5.0 on 5.0

The marriage was performed as per the hindu rites and rituals and therefore the marriage is valid. Registered marriage is only registration after marriage.

Regards 

Rahul Mishra
Advocate, Lucknow
11628 Answers
20 Consultations

5.0 on 5.0

1) non registration does not affect validity of marriage 

 

2) if  marriage was done in temple as per traditional Vedic Hindu rites marriage would be valid 

 

3) obtain divorce by mutual consent 

Ajay Sethi
Advocate, Mumbai
79718 Answers
4806 Consultations

5.0 on 5.0

Yes it valid as you have soleminised it as per hindu custom

Prashant Nayak
Advocate, Mumbai
22633 Answers
49 Consultations

4.4 on 5.0

Marriage performed as per Hindu rites and customs is as good as registered marriage.

In other words this remarriage is very much valid.

Give some time to this remarriage to see if it can be worked out or not.

There s no guarantee that your new life partner would be better than your present one.

So have patience and go for mutual divorce once again only as a last resort.

Devajyoti Barman
Advocate, Kolkata
21787 Answers
318 Consultations

5.0 on 5.0

Dear,

         You follow all the Hindu rituals for the marriage, so it's valid.

         So again file mutual divorce petition again for divorce.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

- If there is any proof of second marriage than yes, you shall have to file divorce.

- Second, the divorce has to be with mutual consent else will not be easy to contest and can create many other grounds for the proceedings against you.

 

Vivek Arya

Vivek Arya
Advocate, Gurgaon
720 Answers
6 Consultations

5.0 on 5.0

Non registration dose not impact validity of marriage, Mutually can get separated as marriage solemnized privately, but if she is not agree than have to apply for divorce. ,

Yogendra Singh Rajawat
Advocate, Jaipur
21407 Answers
31 Consultations

4.4 on 5.0

As per Indian laws, registration of marriage is not mandatory and non-registration of marriage does not ipso-facto make the marriage void. 
Hence, you have the option of judicial separation or divorce with or without mutual consent.

Mohammed Mujeeb
Advocate, Hyderabad
18986 Answers
13 Consultations

4.5 on 5.0

Once the marriage is solemnised as per Hindu Custom and rituals it is a valid marriage previous divorce with same spouse will not be counted as such if you are unhappy you need to take divorce again.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Hello, 

the marriage is not registered but it is a valid marriage However, if you two are ready to separate and are sure that no one will file any case in future then in absence of any written record, you two may separate. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
17850 Answers
315 Consultations

5.0 on 5.0

Yes, your marriage is valid.  Simpliciter because marriage is not registered doesn't make it invalid.  Registration is not mandatory.  

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

Whether the subsequent marriage between the divorce couple is registered or not, since the marrige was solemnised as per Hindu religious rites and customs, it is recognised as legally valid marriage.

If you are not happy with this then you may, if this marriage is more than one year old, file a divorce petition on the grounds of cruelty if there is no agreement for mutual consent divorce.

 

T Kalaiselvan
Advocate, Vellore
69749 Answers
951 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have got married second with each other, but this time in temple and haven’t yet registered it.
  2. I would like to inform you that the marriage is valid as registration of marriage is compulsory now, but failure to do that won’t mean that your marriage is invalid.
  3. You can get it registered now also as there is no limitation period to that effect.
  4. And yes, again you will have to seek divorce before the court of law otherwise the marriage can’t be dissolved.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

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