Upgrad LLM

can i nullify my registered marriage?

SOftware Engineer

 Hi,

 Me and my Girl friend got married in a temple and got the marriage registered.I got the marriage certificate too.We did this thinking that we will be able to convince our parents.But we could not convince and they don't know that we are married.So is there any way other than going to court for divorce that we can separate so that we can go our own ways.Its not been one year since since we got married.So can we just unregister our registeration without getting our parents and family into the picture?

 
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lawyer

If both the parties agress , can take judicial sepration its by mutual agreement

 
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Advocate

Judicial seperation indicates you are living with your wife. But that doesnt mean you have rights for any of you to get marrired to somebody again. There is no other way out other than getting a divorce from the court. Even your marriage cannot get nullified if either of you are majors, or mentally ill, or within prohibited relationship at the time of marriage.

 
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pl find one draft for dissolution of marriage change it suitably with help of lawyer at your place

 



Attached File : 36 36 deed of divorce 18 01 10.doc downloaded 158 times
 
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Advocate/IP Attorney

Hi,

Our learned members have been right in their suggestions.  I would like to add that one cannot nullify the marriage unless one can prove it is a void or voidable marriage, which is a marriage not satifisfying conditions outlined by law.  In your case, I dont see anything like that, so you are left with one of those options mentioned above.

Thanks,

 

 

 

 
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advocate

sir,

no other way except divorce by mutual consent.

now as per latest supreme court decision parties to the marriage can make an application for the dissolution of marriage on the same day or on the the next day of marriage. they need not wait for a limited period of 3 years like before. but as usual after filing application the court gives time for reconciliation, i think it is six months. here u need not bring ur parents into picture.

as per the latest amendment divorce petition can be filed in a place where either of the parties temporarily reside. so go to some place and obtain temporary address proof and make an application for divorce so that people around u will not come to know about ur marriage and divorce as the divorce proceedings have been initiated in the place other than ur home town.

consult a local lawyer for details.

all the best.

 
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SOftware Engineer

How is judicial seperation different from Divorce? Is there any other way than approaching the court? As it seems to be a long drawn process.
 
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Advocate

In judicial seperation you both are still husband and wife, but living seperately. And you cannot marry some other person till you get divorce from the first spouse.

Whereas divorce brings marriage to an end and spouses are free to marry again. There is no way availbale for you other than applying for divorce.

 
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