• Out of Court settlement for mutual divorce: Unregistered marriage

A couple marries on say, 10th of a month, in a simple temple marriage as per Hindu traditions. No dowry, expensive gifts are exchanged. The marriage is held in presence of relatives and friends.
After few days of cohabitation, the wife feels that her health is deteriorating and that she should leave their matrimonial house for her parents’ house. Even at the cost of marriage.  
On 23rd of the same month, both decide to call off marriage and sign a written agreement on a plain paper to this effect that states that they are separating on mutual consent, without any issues/ complaints and that none is to be blamed for this. 
Both are gainfully employed and hold status positions in their respective organisations. There are no children out of the marriage, since both did not have any such physical contact, during their two weeks of cohabitation. 
The marriage took place in Ghaziabad though both belong to Delhi. The marriage could not be registered since they decided to separate.
Please advise whether there is an out-of-the-court agreement/ procedure/ Affidavit that both can sign and keep it as a legal document that can be considered as a decree/  certificate/ legal document of divorce/ separation, especially in view of the fact that the mariage is not registered.
Asked 8 months ago in Family Law from Delhi, Delhi
Religion: Hindu
1) the agreement signed by parties has no legal sanctity 

2) it is necessary that marriage be dissolved by court decree 

3) file petition for divorce my mutual consent after staying separate for period of one year 

4) MCD would take around 6 months 
Ajay Sethi
Advocate, Mumbai
23398 Answers
1230 Consultations
5.0 on 5.0
Hi 
Since the marriage is not even 13 days old, if both the persons agree not to file cases against each other, they can enter in to an out of court settlement  and submit affidavits against each other. All photographs of ceremonies  to be destroyed. There should be 2 sets of identical agreements signed by 2 reliable witnesses. 

Since a marriage cannot be annulled by out of court agreements, the agreement needs to be worked around. 

In order to ensure an out of court settlement and in order to save the families from the hassles of court proceedings,  a  good lawyer with the consent of all of the parties, will draft the agreement in such a way that it will mention of an engagement (in  place of marriage held on 10th of the month )  with elaborate ceremonies and subsequently the engagement has been cancelled as there were differences between the groom to be and bride to be and their family members. With the aforementioned terms, the lawyer will ensure that the signatures of bride, groom and their respective parents are affixed in his presence and also have it signed by 3/4 witnesses.
Hope this helps.
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Hello,
1) Registration of marriage is not necessary for the marriage to be treated as a legally acceptable one.The marriage performed as per Hindu rituals in a temple in the presence of relatives and friends is 100% valid and subsisting marriage.

2) There can not be any out-of-the-court agreement/ procedure/ Affidavit that both can sign and keep as a legal document that can be considered as a decree/  certificate/ legal document of divorce/ separation. The couple can file for a decree of divorce by mutual consent in a court of law after completion of one year of marriage/separation.

3) Six months after the filing of the petition you will be granted divorce. Both the husband and wife have to be present at the time of filing the petition and at the time of passing the order allowing divorce after 6 months.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
Hi, The out of court of settlement like entering into any kind of agreement in support of  divorce is not valid.

2.  Spouse has to  get the divorce in court only then only it is valid in law and any other forms is not valid.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
The written agreement has no legal character or force, so it can be thrown safely in the dustbin. A marriage can be dissolved only by a decree of the court and not through a written agreement. So the couple should apply for mutual consent divorce after a year from the date of marriage. The absence of registration of marriage does not make the marriage illegal.
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
5.0 on 5.0
file mutual divorce petition before the court and leave it for one year because divorce petition cannot be entertained by the court within one year of marriage. 

your petition shall be heard by the court after lapse of 1 year. then court will give 6 months as cooling period. thereafter you can get divorce. 

if you want immediate divorce you can file petition before the supreme court under article 142, court has power to decide such cases. no need to impose any allegation for getting mutual divorce. 
Shivendra Pratap Singh
Advocate, Lucknow
2798 Answers
41 Consultations
4.9 on 5.0
if you get extra judicial divorce i.e. divorce without recourse of court, it is not binding on the parties unless prevailing any customs between the parties regarding such divorce. if customs prevails you can get divorce and get approval from the court. 
Shivendra Pratap Singh
Advocate, Lucknow
2798 Answers
41 Consultations
4.9 on 5.0
Please advise whether there is an out-of-the-court agreement/ procedure/ Affidavit that both can sign and keep it as a legal document that can be considered as a decree/  certificate/ legal document of divorce/ separation, especially in view of the fact that the mariage is not registered.

Whether the marriage was registered or not the solemnisation of marriage itself is a proof of their marriage and any type of separation between them i.e., either by a divorce deed or a mutual separation put in writing or any other mode cannot be considered as a legally valid divorce.  
For a valid divorce, both can file a petition for divorce on the grounds of mutual consent before a court seeking dissolution of their marriage by a decree of divorce.  This can be the solution for divorce and not anything done out of court in this regard.
T Kalaiselvan
Advocate, Vellore
14171 Answers
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