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Divorce Doubts

Querist : Anonymous (Querist) 30 June 2011 This query is : Resolved 
Dear Sir,

My Cousin (age 38) married to his uncle's daughter (aged 35)on his own wish and will without the consent of both the parents. Both are hindus got married in the year 2010 by the in a hindu temple with help of some known friends in chennai. But they did not register the marriage as per hindu marriage act.

Now My cousin is not interested to live with her. Because of her mental torture like doubting, disconnecting my cousin from relative and friends. He would like to get away from her. His wife had agreed to give the mutual consent seperation. Only marriage proof document is the marriage invitaion card and the marriage photos.

Since he has not register the marriage with her. He would like to know whether he has to do the divorce procedures or get the mutual consent seperation from her. If it is mutual consent, then how long it will take.

Please advise him. He is very much confused.
Tarun Thakur (Expert) 30 June 2011
Divorce by mutual consent is also known as Petition u/s 13-B of hindu Marriage Act. The registration certificate of marriage is not required at all for the purpose of filing Divorce Petition. Just Get the petition drafted from Local Lawyer and file in the district Courts. On the first date the presence of both the parties is required and the judge will record the statements of both husband and wife. Then the court will fix a date beyond 6 months. after the 6 months , again the prsence of both will be required. if both agree to divorce on that day the court will grant divorce.

But remember that one year must have been lapsed from the date they are living separately.
Ravikant Soni (Expert) 30 June 2011
My Cousin (age 38) married to his uncle's daughter (aged 35)


How's it be possible. When both are HINDUs and seemed both are SAPINDA as well.


If this situation is there between them then their marries is void in eye of law and neednot to get divorce. And I add this is a crime as well marring a person fall within catagory of sapinda and prohibited relationship.

Ravikant Soni (Expert) 30 June 2011
Prohibited relationship....
if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters ;
mahendrakumar (Expert) 06 July 2011
such type of marriages are allowed in Tamilnadu.


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