• Can an invalid Hindu/Christian marriage be separated without legal procedures

Hello Respected Sirs,

My wife and me want to separate with mutual agreement, and unconditionally. When I asked my wife for the legal procedures, she advised me that there's no need of any legal procedures and we can leave each other as if we were never married, and that she'll never interfere in my life in future. 

According to her, this may be possible since she is Christian and I am a Hindu, and we were married through "7 pheres", and our marriage was never registered, so it's an invalid marriage by itself.

However, my question is if suppose I agree to her advise and separate without any legal procedures, and afterwards I go for a second marriage and then my first wife comes back with an evil intent, then how will the law respond to this situation. Will I be punishable under law?

Your expert suggestions will be greatly appreciated.

Thanks you!
Asked 1 year ago in Family Law
Religion: Hindu

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13 Answers

File valid hindu marriage both parties have to be Hindus 

 

2) since your wife is Christian and did not convert your marriage would be void 

 

3) file petition for declaration that marriage is nullity as wife did not convert and continues to profess Christianity 

 

4) if your wife does not contest you would get exparte decree

 

5) Dp not remarry unless you ha e obtained court orders as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
80564 Answers
4945 Consultations

5.0 on 5.0

  1. Your marriage was never a legal marriage at all, as it was in contravention of Personal laws. 
  2. Hence the woman is right. You both were never married. Your status is single. Hence you can get into matrimonial alliance without any legal proceedures. 
  3. However, there can be a situation where this woman can later on get you prosecuted, not for offence of bigamy, but for the offence of having sex with her, while making her deceitfully believe that she's your legally wedded wife. 
  4. Hence you are best adviced to seek a decree of Nullity of marriage before the family court, on the grounds of the marriage being void-ab-intio. 
  5. I'm prepared to be your counsel and plead your petition in court. I'm based in Mumbai/Navi Mumbai just as you are.

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1392 Answers
5 Consultations

4.4 on 5.0

Warm greetings!

Your Marriage comes under special marriage act and it should have got registered. 

If u dont go as per the procedure of law and get divorced then your marriage will be in substance and your 1st wife will have a full right and without divorce you cannot go for a second marriage. If at all you wont to go for 2nd marriage tat NOC in writing from your 1st wife as a legal document with genuine reason tat should suffice you ! 

Without any legal document your marriage will still exist hence always its well and good to go legally to avoid future hindrance!!

Ayesha Sultana
Advocate, Bangalore
282 Answers
1 Consultation

Not rated

Dear Sir,

It is better to take mutual consent divorce.  There is no future consequences.

Divorce by Mutual Consent is the fastest, cheapest and most stress free way of getting Divorce in India. It can take between six months and eighteen months from the date of the filing of the Mutual Consent Divorce Petition.

Netravathi Kalaskar
Advocate, Bengaluru
4953 Answers
27 Consultations

4.8 on 5.0

Marriage not duly solemnized but you were in long relationship and society knows about it. Well, at least dose not require court order. 

But to be secure, file for MCD divorce in court, their court will reconsider the issue and may pass observation that since it is inter caste marriage not solemnized as per procedure , hence marriage never existed between couple.

Yogendra Singh Rajawat
Advocate, Jaipur
21422 Answers
31 Consultations

4.4 on 5.0

See even you married as per Hindu marriage and you were staying in society as married couple in my advise you file for a mutual divorce and get an order from court. Separating without decree of court can lead to issues and problems and unnecessary cases.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
125 Consultations

5.0 on 5.0

If you two are agreeable that no one will ever interfere then you may skip the procedure. 

However, if the marriage has not been done as per the rituals then a suit for annulment of the marriage is to e filed. 

if you do not file the same and marry again then there are chances that she may file a case against you for second marriage. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
17860 Answers
318 Consultations

5.0 on 5.0

This is a risky business to do. Your marriage is complete even if it is not registered.

You need to file a divorce petition based on mutual ground to get the divorce at the earliest to avoid any future complications and go for marriage as you desire

Vimlesh Prasad Mishra
Advocate, Lucknow
6802 Answers
23 Consultations

4.9 on 5.0

You should file for annulment of marriage on ground That she was Christan and you are hindu and marriage was not registered as per special Marriage act.

Your marriage is null and void but you would need orders from court so file a suit for declaration of nullity of marriage.

You cannot remarry before obtaining orders from court or your first wife can challenge your second marriage and file case of bigamy against you.

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

dear friend you will have to go for the legal dissolution of marriage and your marriage is solmenzied as per the Hindu rituals.

 

just getting separated and not dissolving the marriage will be a crime and either of you both cannot get married again because the second marriage is a crime and you both could be punished for this. I agree by the word of your wife that you both will never interfere in each other life but what about the 3rd person whom you both will marry in future and if he takes action against you both then that will be a big problem for both of you, 

 

you both can be punished for cheating and fraud.

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

Even if a marriage is not registered it is legal valid. 

you cannot marry unless you are divorced. 

Mohammed Mujeeb
Advocate, Hyderabad
18991 Answers
15 Consultations

4.5 on 5.0

- As per law, Marriage between a Hindu boy and a Christian woman is not legally valid if either of them does not convert.
- if the couple wanted to solemnise the marriage as per Hindu custom, the woman should have converted to Hinduism or the man should have converted to Christianity if he wanted to do so as per Christian custom. 
- In the alternative, their marriage should have been registered under the Special Marriage Act, 1954, if they preferred to follow their religions without conversion. 

- Hence, your marriage is not a valid marriage , and no party can claim with each other , like a husbnad-wife.

- Further, you both cannot file a divorce petition before the court on mutual understanding as well.

- But, on the ground of long relationship she can lodge her compliant againt you as per law.

- So, you are advised to exectue a written mutual undertaking after mentioning that , there is no relation between you both now and in future, and no party will claim , complaint , etc in future againts each other. 

Mohammed Shahzad
Advocate, Delhi
5973 Answers
60 Consultations

5.0 on 5.0

Actually your marriage solemnised under Hindu marriage laws is not legally valid and it can be considered as null and void.

You both belong to different religions or faiths hence your marriage should have been solemnized under the provisions of special marriage act only, because she has not converted to Hindu before getting married to you.

Even though it is not legally valid you may have to file a petition seeking to annul or declare this marriage as null and void and get a decree in yor favor to this effect so that you do not have to worry about her emergence once again claiming any rights on the basis of the previous married life with her.

 

T Kalaiselvan
Advocate, Vellore
70617 Answers
986 Consultations

5.0 on 5.0

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