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Divorce

(Querist) 01 December 2011 This query is : Resolved 
Sir,

i married on september 9th 2007 with a boy from AP in Arya samaj mandir. They have performed religious rituals with a pujari. we both are hindus. then we have given our photos, id proofs etc. also they have taken our signature and thumb impression. after that they have given a certificate with their seal. is this marriage valid? now i need divorce. i have filed a case in kerala court as i am from kerala. but i have doubt if this marriage is valid or not. we didnt went to any registrar to register our marriage. so do i need to take divorce legally from court? please clarify my doubt.
Deepak Nair (Expert) 01 December 2011
Even though your marriage is not registered, it can be considered as valid since the same was with your consent, in the presence of witnesses and also following the relegious rituals. Your marriage is also recorded in the records of the concerned temple.
Therefore, it is advisable to obtain divorce legally by filing a divorce petition in the appropriate civil court.
Please note that if the divorce is not by mutual consent, then sufficient justifications has to be given to the court.
Remarriage without obtaining divorce will be considered as adultery and it maay attract criminal proceedings.
Devajyoti Barman (Expert) 01 December 2011
Yes the certificate issued by the Arya Samaj is very much valid.
You can safely file divorce case in Kerala court.
ajay sethi (Expert) 01 December 2011
agree that marriage is valid . you cna file for divorce
Shailesh Kr. Shah (Expert) 01 December 2011
Marriage is valid. You can proceed.
Rajeev Kumar (Expert) 01 December 2011
Marriage is valid. You can proceed for divorce u/s 13 of HMA
kavitha (Querist) 01 December 2011
sir,
the problem is that the boy is not ready to give me divorce.
kavitha (Querist) 01 December 2011
sir,
we have filed the case in the court on february 2010. until now no progress has occurred in our case. i need divorce. but he is not ready to give me divorce. what should i do now?
Rajeev Kumar (Expert) 01 December 2011
Proceed for case and make prayer to the court through your advocate for starting the further proceeding.
mahendrakumar (Expert) 02 December 2011
such things take considerable time in our country.

V R SHROFF (Expert) 02 December 2011
Kavitha,

Marriage is valid, so filed Divorce in Court. under what ground is important.
Be clear, u filed or we, means h-w filed under 13b?
u have to prove grounds.
Your stage is to take steps, and u must do it urgently. [ That will stop further delay]


Serve upon, and in case he do not appear, u will get ex-Parte Divorce if provided proper Ground in ur Petition.

Even in Ex-Parte, if ground are not satisfactory to Judge, he will not grant Divorce. Even if H do not appear, and u produce all Witnesses, it does not mean u can get Divorce.
u will have very good ground of desertion cont for TWO YEARS, and u get divorce.

Regards,
Adv Shroff
Shonee Kapoor (Expert) 02 December 2011
righty advised by Mr. Shroff


Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman (Expert) 03 December 2011
Yes I agree too.


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