I did registered merriage in 2009 march. But m not staying with him,in 2010 i stayed with him for 6mnth, after that i came to pg.nw we both staying in different state, will it be void merriage? If not then hw much time it will be to take divorce?
Asked 2 years ago in Family Law from Dibrugarh, Assam
No, its not at all a void marriage. Since you've stayed together for some time and consummated your marriage, it is very much a valid marriage. You have not mentioned why you want to take divorce. If he is ready, file a mutual consent divorce petition.
1. Mere separate stay after marriage albeit for long period of time is no ground for divorce let alone making it a void one.
2. If any of you want divorce then first try for mutual divorce. if it does not work then go for contested divorce suit.
3. If the suit for divorce is contested by other party then it is not likely to be finally heard at leat before 5 years.
marriage has been consumatted and you have stayed together as husband and wife . marriage is valid. merely because you stayed separately for 4 years will not make marriage void. if you want divorce from husband obtain divorce by mutual consent
As stated by you, your marriage is not void but a valid and legal.Better go for MCD if he is also ready for it otherwise file contested divorce on the grounds provided in HM Act which may take a few years.
Advocate, New Delhi
1. Marriage does not become void for staying seperately for a long period,
2. One can seek the decree of divorce on the ground specified in the HM Act,
3. For taking mutual consent divorce, the parties need to stay seperately for one year,
4. If you wish, you can file a diviorce suit on spcified grounds viz, Cruelty.