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Royan ( )     27 September 2010

I didn't register my marriage (2003) can i get divorce?

I didn't register my marriage, there is lot of missunderstanding and quarrel between me and my wife, past 7 years she's turturing like anything, i want peacefull life, i married at chennai, now i'm in bangalore. Can i file here or chennai. Now she's in her native chennai.. She's giving respect to her family only not to me,


I'm only worried about my son and I love my son, he is doing good here and he is studying well in 1st Standard..

Waiting for your suggestion...

Thanks.



Learning

 7 Replies

Kiran Kumar (Lawyer)     27 September 2010

mere non registration of marriage is not a ground for divorce however on other grounds like cruelty etc. u may seek divorce.

 

it will be a time consuming process and the final decision will depend upon the evidence lead.

 

its better to settle the matter amicably, if you both are interested in divorce then get it done by way of mutual consent.

2 Like

Royan ( )     27 September 2010

thanks for sending mail,

If it is time consuming process how long will take it approximately?

Balbir Singh Chauhan (lawyer)     01 October 2010

Dear Senthil

Really sorry for the trauma ur undergoing. however the problem shared by u is the problem of every marriage but one should resolve it by talking to her and explaining her the consequences if she dont understand the existing situation between both of u.

however the legal recourse to this is tht u can file a divorce petition u/s 13 A Hindu Marriage Act under cruelty or u/s 13B by mutual consent if you both agreed not to live with each other. 

Non registration of marriage is not a ground for divorce.

Arup (UNEMPLOYED)     01 October 2010

IF YOUR MARRIAGE SOLEMNIZED UNDER HINDU MARRIAGE ACT OR SPECIAL MARRIAGE ACT, YOU ARE FULLY ENTITLED TO GET THE DIVORCE THROUGH COURT.

AS YOU TOLD "I didn't register my marriage" I GUESS THAT THE THE MARRIAGE SOLEMNIZED UNDER THE HINDU MARRIAGE ACT,  AND NOT REGISTERED ONE. THIS WILL NOT EFFECT ON DIVORCE PROCEDURE, YOU ARE ENTITLED TO GET IT.

1 Like

Arup (UNEMPLOYED)     01 October 2010

YOUR GROUND WILL BE CRUELTY AND DESERTATION U/S 13 OF THE HINDU MARRIAGE ACT.

YES CHENNAI WILL BE MOST SUITABLE FOR YOU.

FIRST YOU CLAIM VISITATION RIGHT FOR CHILD.

THEREAFTER DEMAND CUSTODY.

1 Like

Arup (UNEMPLOYED)     01 October 2010

ACCORDING TO HMA IT TAKES 6 MONTHS BUT IN PRACTICE IT WILL BE SOME MORE.

1 Like

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