You are not legally married 

for valid hindu marriage it is necessary it should be done as per Vedic hindu rites and customs 

3) mere engagement is not sufficient 

you have to file petition for declaration that marriage is a nullity 

You would not have tag of divorcee 

You would not get tag of divorcee as you are not filing any divorce petition and no divorce decree is being passed by family court

1. Since your marriage is registered there is a presumption in law that you are married.

2. Unless the marriage is dissolved by the decree of court you will remain married for all legal and practical reasons. You and your spouse can file a petition for mutual consent divorce, but it can be filed only after a year from the date of marriage, not before it.

3. You can also file a petition for nullity of marriage on the ground that marriage was not performed, but the onus will be on you to prove it. This, however, is fraught with the risk of criminal case being registered against you for furnishing false information to the marriage registrar that you have married when you were not married.

Of course, you will get the status of divorcee after divorce decree is passed.

There are two different things. One is registration of marriage solemnized in accordance with customery rites and the other is court marriage where marriage is solemnized in court itself. 

If without solemnization of marriage you have done the registration by furnishing false declaration of solemnization of marriage , you apply to the marriage officer for cancellation of marriage registration stating the facts thereto. 

If marriage officer does not cancel the registration,  then go to court seeking necessary instruction to the officer to cancel the registration. 

Here your above activities constitute offence under IPC.  Do not take this matter lightly . Take immediate action to cancel the registration .

If it is a court marriage then it must be annulled by filling a petition in court stating the grounds for annulment. In this case you shall be treated as married till marriage is not annulled by court. 

Hi, you can file a petition under section 13(b) of the Hindu Marriage Act for mutual consent. However you need to wait 1 year and after completion of 1 years. Both of you can go for mutual consent divorce.

Dear Madam,

You are advised to go for annulment of marriage on the recognized grounds. Anyway it is very difficult to get legal divorce immediately and the fee structure depends upon profile of advocate you choose which may range between Rs. 25,000/- to Rs. 2,00,000/-. 

Dear Concern,

Please note - 

01. If your marriage has been registered after the engagement which has happened in between you and your husband then that is not as per the Hindu Marriage Act. Registration of marriage normally happens under the personal law through which you get married. 

I genuinely believe that you are getting confused in between registration of marriage and court marriage. I think you have entered into court marriage after the engagement and that happens as per the Special Marriage Act and not as per the Hindu Marriage Act. 

So you need to do following - 

A. If your marriage has happened through court (that is through Special Marriage Act) then move an application before the court for the nullification of marriage stating that your consent was obtained through force/ coercion to enter in this marriage. If you succeed in this case then your marriage will be declared void and you will attain the status of Single and not Divorcee. 

However to do this you have to do two things - 

(i) You have to come before the court before August 2020,

(ii) There should be no cohabitation in between you and your better half from hereon.

B. If your marriage has been registered and it is not through Special Marriage Act which is Court Marriage then you have to come before the court under section 12 of the Hindu Marriage Act seeking nullification of your marriage stating that your marriage is no marriage as it has not followed the normal mandatory course of marriage which is done as per the rites and rituals of Hindu customs. Besides your consent was obtained through force/ coercion. Similar results will come at the end of the day ie you will be declared single and not divorcee once this case gets heard in your favour. Likewise above in this case also you have to insure that you have come before the court prior to August 2020 and there is no cohabitation in between you and your better half from hereon.

My best wishes to you. 

You can only file divorce after showing one year separation. If it's mutual divorce it will be easy for you parties

If you will take a plea that no actual ceremony and rituals followed and obtained certificate by submitting forged documents and declaration, you may booked for criminal offense.

Better apply for divorce. Divorcee status for certain.

No you can't go for divorce nor for petition. You can go for  mediator and cancel the engagement of marriage.

If marriage is not performed marriage than no need to go for divorce or case filing.

Max to max go for MOU both of you.

See you can file for annulment but in that case you will be also responsible as for registration you have given false affidavit before the registrar of marriage so in this case it is better that you file for divorce.

Yes after divorce is granted you are a divorcee on annulment you are not divorcee.  See money is the fee of lawyer you engage and divorce or annulment if contested can take 3-4 years.

In divorce yes but if you go for annulment on ground that there was no real marriage and marriage is void then you shall not be treated divorcee.

- Firstly , you query is not clear, that your marriage was registered .... with no actual process of marrige?

- Once, marriage was registered, then as per law, you become the wife of that person.

- If, after the said registeration of marriage , you never pass your time on the bed as a husband and wife, then you can file a case for Annulment of marriage on the ground fo non-consummation of marriage. 

-  The easiest way to finish relation legally, is Divorce by mutual consent, i.e you both will have to file a divorce petition jointly , without any dispute , but this case can be filed only after compeleting one year from the date of marriage.

- Yes, if you will get Divorce decree from the Court on any ground, you status will be Divorcee .

- Fruther, there is no provision for Cancellation of Marriage in India, once the marriage registered.

- Hence , if you dont want to carry the tag of Divorcee, then you should to file a case for Annulment  of marriage , because an annulment of marriage is the act of voiding a legally valid marriage, and it means the marriage never happened. 

Good luck and dont forget to rating Positively.

Greetings!

Since You have not got wedded yet just engaged then you dont to worry just inform the parents of bride and as well bride that you are not willing to marry due to some genuine circumstances and if they agree and has to be agreed .

However pay the losses for the engagement bared by bride side other then that you don't have to file divorce petition as you just got engaged not wedded as per hindu marriage act there is no provision for engagement!!

Hindu marriage invalid without rituals, hence you are not legally married. 

no need to file divorce petition just refuse to stay with him and file declaration petition. 

You should go for nullity of marriage on ground of fraud and concealment of facts by your spouse or registration of marriage by coercion.

Since marriage has not been performed, you are not legally married.

Hindu Marriage to be conclusive, certain rituals (as per community) needs to be performed. 

Engagement is not sufficient and it is not final.

You can file application seeking nullity of marriage.

Hi,

Considering all the things and complications involved, it is suggested that you should file divorce petition (as marriage is registered). It does not require much expenses except lawyer's fee or your traveling expenses. The time lines for the case may be six month in case of mutual consent and about 2 years in contested divorce.

Since your marriage has been registered before a registrar, it cannot be cancelled by filing any petition except you may have to get an order from court.

You may have to file a petition before court seeking to nullify the marriage registration since marriage was  actually not solemnised as per law and this registration was done in a hurry to obtain visa or any other purpose which you may state as a reason that you may rely upon. 

Therefore you can file an annulment petition before court to annul the marriage which is actually null and void.

Annulment of marriage will not confer the 'divorcee' status on you.

The lawyer fee for conducting the annulment case may be enquired from the lawyer who you will be engaging for the purpose

Once your marriage is annulled then there is no question of divorcee because annulment means there is no marriage at all.

Dear Madam.

Difference between nullity of marriage, divorce and judicial separation

Some time people get confused with nullity of marriage, divorce and judicial separation. There is difference between these three.

Nullity of marriage

Nullity of marriage is a judicial declaration that marriage was not in existence. It refers to the validity of marriage according to law. It means that there was not a valid marriage has performed between the parties.

Divorce

Divorce is judicial declaration on the petition of the parties of marriage which led to the end of valid marriage. In divorce validity of marriage is not questioned but continuation of marriage is affected and there is end of a valid marriage.

Judicial separation

Judicial separation is judicial declaration on the petition of the parties of marriage to live separate under the status of marriage. It is not end of marriage. Duties and liabilities remain same towards each other.

Nullity of marriage under different laws in India

Nullity of marriage under Hindu law

For the hindus according to smrities marriage is an essential sanskar. It is a duty of one to perform this. Marriage was indissoluble and and essential to perform religious and spiritual responsibility. Before the parliamentary enactment there was no concept of end of marriage or nullity of marriage under hindu personal law and marriage it treated as holy and strong wedlock for whole life. But after enforcement of Hindu Marriage Act, 1955 there are certain grounds on which marriage shall be declared null and void. These grounds are given under Clause (i), (iv) and (v) of Section 5 of The Hindu Marriage Act, 1955. These grounds are as follow:

1. If either party has living spouse at the time of marriage i.e. bigamy
2. If marriage between prohibited degree relation unless customs and usage are allowed,
3. If marriage between sapindas unless customs and usage are allowed such marriage

• Sagotra marriage is valid under Hindu Marriage Act, 1955

There are voidable marriages also which are valid until declared null and void. Voidable marriage shall be annulled by the decree of nullity under section 12 of Hindu Marriage Act, 1955. It is at the option of the parties to continue with marriage or to annul marriage by decree of court. Grounds are as follow

1. Impotency of the respondent
2. Incapacity to give valid consent or forced consent of parties or mental illness or person unfit for procreation of child
3. Under aged marriage
4. If respondent was pregnant by some other person at the time of marriage.

Nullity of marriage under Special Marriage Act, 1954

Under section 24 of the Act on the petition of either of the party marriage can be declared null and void by the decree of nullity on following ground

1. Neither party has living spouse
2. Incapable to give valid consent due to unsoundness of mind or mental illness or unfit to procreation of children
3. Parties are under aged
4. Parties are in relation of prohibited degree
5. Impotency of respondent

There are some other grounds on which voidable marriage can be declared null and void.

1. Marriage has not been consummated due to willful refusal of respondent.
2. If respondent was pregnant by some other person at the time of marriage.
3. Consent of either party was obtained by fraud or coercion as defined in Indian Contract Act, 1872

Special marriage Act provides legal status and security to the interreligious marriage performed according to the provisions of this Act. Any person of any cast or religion may perform his or her marriage under this Act.

Procedure for obtaining decree of nullity marriage

Procedure is generally same in all personal law for obtaining decree of nullity of marriage. Petition for nullity of marriage shall be presented before court. The jurisdiction of court is decided where defendant or respondent has resides or marriage has solemnized or place where the party has last resized together. Then court issue notice to respondent or defendant to give reply before court. After hearing and evidence court grant relief accordingly. Under the parsi law court means court established under the Act. Under Hindu Marriage Act, 1955 and Special Marriage Act, 1954 court is Family court or city civil court. Under the muslim law matter does not decided by court but matter decided by the religious practice.