divorce matter

Guest (Querist) 26 August 2010 This query is : Resolved
For Hindu caste Married people living in small villages, rarely they are registered their marriage.
In such a case if the marriage is not registered and both husband & wife want to leave each other then in such condition is it necessary to take divorce from the court? or what they have to do for divorce?

In such a case what kind of claims they can demand to each other if wife demand for divorce or husband?

suppose, if wife/husband want to take divorce then who have to file for this and who bare the cost of it( all expenses)?

if the wife/ husband in both of anyone people doesn't give the divorce to each other and do the other marriage in such condition what action can be taken by any one person?

Is the marriages in village without registration are Legal or illegal and for divorce what to do in this situation.

please also suggest the divorce procedure in such situation .
is it necessary to take help from advocate for this.

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Devajyoti Barman (Expert) 26 August 2010
The validity of marriage does not depend upon the registration of marriage. The performance of rites and ceremonies including 'phera' is sufficient proof for marriage.
Hence without the court of law the couple can not get legal divorce.The divorce doses not always necessarily accompany claim for money and it largely depends upon the mindset of the wife.
In absence of such divorce the subsequent marriage has got no legal validity and in one word it is void.
Now for smooth divorce both of the couple will have to apply to the local court of competent jurisdiction for mutual divvorce u/s 13B of HMA.