• Ending marriage out of mutual consent

Hi,

I was in an arranged marriage for the past 4 months. Now with mutual consent we wish to end this alliance.

We did not get a marriage certificate made till now.

In this case, do we need to file for a divorce or get involved in any legal procedure ? or exchanging a document of understanding to exchange valuables and agreement to not pursue this further is enough ?

Please advise.
Asked 9 months ago in Family Law from Pune, Maharashtra
Religion: Hindu
1) you can only file for divorce on expiry of one year of marriage

2) for divorce by mutual consent you have to stay separate for 1 year

3) please note that merely because marriage is not regd does not affect validity of marriage 

4) mere signing of MOU wont serve the purpose . you need a court decree dissolving the marriage 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
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1.Since the marriage was performed according to the Hindu Marriage Act and both of you have taken the 7 steps before the sacred fire in the presence of well wishers, now you cannot undo it.
2.Even though you have not taken marriage certificate but still the marriage is subsisting.
3.If any of the conditions for Annulment of marriage is satisfied, then you can go for the same immediately.
Shashidhar S. Sastry
Advocate, Bangalore
1231 Answers
59 Consultations
5.0 on 5.0
1) you have specifically stated that you have been married for only 4 months . hence in my opinion you cannot file for divorce by mutual consent now 

2) you have to stay separate for period of 1 year before filing for divorce by mutual consent 

3) you cannot  file for divorce now 

4) in MCD enclose consent terms for return of jewellery and other gift articles , maintenance etc 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
1.After one year of marriage for Mutual Consent Divorce, file a joint petition U/S. 13-B of Hindu Marriage Act, 1955.
2. Put necessary court Stamp and this is treated as a legal document.
3. What I mentioned was that you can go for Annulment of Marriage immediately  if any of the following grounds is satisfied:-
(a) Bigamy
(b) Forced Consent
(C) Fraud
(D) Marriage prohibited by law
(e) Mental illness
(F) Inability to consummate Marriage (Impotent)
(g) Underage Marriage
Shashidhar S. Sastry
Advocate, Bangalore
1231 Answers
59 Consultations
5.0 on 5.0
You have said that you are married for 4 months, in which event you cannot file for divorce. No petition for divorce can be filed unless a year has expired from the date of marriage coupled with a one year separation period between the spouses.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
Insted of enetring into MOU or something like its better you both go for MutualConsent Divorce  as you will get proper authentic court orders of divorce which will be useful document for both of you in future. 

Minimum one year of separation is required between the parties. 

Procedure is:-

You will have to file the Mutual Consent Petition in the family court. Thereafter there will few sessions of counselling between the parties in the court itself. 

Thereafter there will be six months of waiting period which is legally termed as cooling-off period. 

And after six months divorce decree will be passed. 


Regds, 

Adv. Payal
Payal Arora
Advocate, Pune
331 Answers
7 Consultations
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