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kavitha (student)     01 December 2011

About divorce


 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.


 13 Replies

R.Sivakumar (Advocate)     01 December 2011

Dear Kavitha,

                      you told that you got married on 9.9.2007 in AP. A Pujari of a Aryasamaj have performed all religious rituals and they have given a certificate but you didn't attach the  certificate here. what is your residence mentioned in the marriage certificate to verify the jurisdiction of court. your marrage is valid under special marrage Act eventhough it was not registered.

Shantanu Wavhal (Worker)     01 December 2011



Hindu Marriage Act, 1955


Hindu Marriage Act,1955

[25 of 1955,dt. 18-5-1955]


2          Application of act

(1)       This act applies

(a)       to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva a Lingayat or a follower of the Brahmo, Prathana or Arya Samaj,


ur marriage is LEGALLY VALID

kavitha (student)     01 December 2011


  i need divorce. but he is not ready to give me divorce. what should i do now?

Advocate Vishnu (Advocate)     01 December 2011


Pl file for divorce in the place where you presently reside .women are entitled to this right.

Chalta Purja of 498a (Biwiyon Kaa Baap)     02 December 2011

sab mard bacche hayen yahaan!

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 December 2011

This is a valid marriage and you need divorce to end it.





Shonee Kapoor

2 Like

Ramesh Ramesh (Engineer)     07 December 2011

Hi Kavitha

Women can get divorce easily, you just approach your local lawyer, he will guide you easiest method to get divorce

if you need more details, please send me your mail id, i will guide you well.


Nagarjuna Reddy


Nagarjuna Reddy

sir it is not that easy  or is it so?

can man stop divorce? if women is not ready to live with him?

Advocate Vishnu (Advocate)     08 December 2011

No, you may seek restitution of conjugal rights on your wife, but if your wife still does not come and live with you , this decree becomes a valid ground for both of you to seek divorce.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 December 2011

It is not gender which makes divorce difficult or easy, it is merits of the case,





Shonee Kapoor

1 Like

kavitha (student)     10 December 2011


 i have filed the case on january 2010. i have approached a lawyer and he is proceeding with my case. many sittings are already over. counselling also completed. but i said that i am not ready to live with him and i need divorce. but he is not ready to give me divorce. and so everytime my case is postponding to new dates. no further progress.

Advocate Vishnu (Advocate)     11 December 2011


Has your husband filed his written statement . If yes , then ask your advocte to file a proof affidavit and ask him to say that you are ready for cross examination.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     11 December 2011

Why is it lingering


What is the present stage of the case?









Shonee Kapoor

1 Like

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