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Teja (Engineer)     03 September 2010

Divorce for an Unregistered Marriage

Dear Learned Members,

 

If a person who is married has not registered the marriage, expecting a divorce,  should the case be in court by obligation?

If they have mutually agreed upon getting separated can the person remarry since neither the first marriage was registered nor the divorce was registered?

If he/she remarries can the already divorce person(he/she) interfere in later's life for any favours and torture the person with the proofs of unregistered  marriage?


Please answer the above

 

Best Regards,

Soni Tejat



 9 Replies

Adv Archana Deshmukh (Practicing Advocate)     03 September 2010

If the marriage was solomnized as per rites and rituals then, even if it was not registered it is a valid marriage in the eye of law and if one wants divorce, one has to approach the court of law. Remarriage without taking divorce is illegal and the second marriage is no marriage in the eyes of law also the person may be prosecuted for bigamy. So, it is very necessary to first legally dissolve the marriage and then think of remarriage.

Arvind Singh Chauhan (advocate)     03 September 2010

I agree with Archana Mam.

Arup (UNEMPLOYED)     03 September 2010

If a person who is married has not registered the marriage, expecting a divorce,  should the case be in court by obligation?

- getting registered a marriage is not compulsary. when you applied for divorce, don't registered it.

If they have mutually agreed upon getting separated can the person remarry since neither the first marriage was registered nor the divorce was registered?

-  no. still  the marriage dissolved by a court of law, one is married to that person,- it is according to law. Here registration not in the picture.

If he/she remarries can the already divorce person(he/she) interfere in later's life for any favours and torture the person with the proofs of unregistered  marriage? 

- if he remarry without divorce, the  second marriage will be null and void. don't say he/she, because 'he' and 'she' has seperate set of rights. registration not a factor here.

Arup (UNEMPLOYED)     03 September 2010

if marriage not dissolved by court, then the marriage is live one and one can haras the other.spouse

be careful of it.

go to the threads where live in discussed. you may require this tablet.

Vinoba (Advocate)     16 September 2010

Hello

Any marriage whether registered or not has to be dissolved only through court of law.  As otherwise it will end in prosecuting you for bigamy.

L. Vinoba,

Advocate,

Pondicherry.

CommonMann (Software Professional)     17 September 2010

Whether you have registered your marriage or not. In the eyes of law you are married until you get a divorce degree from court on Indian Land. Bottom line is that any citizen of  India should get divorce from family court by Mutual Consent to avoid any future NItty Gritties.

S.Magesh (D.M)     25 March 2012

Dear Sir/Madam,

                               If  marriage is unregistered still they want to mutual divorce withoutgoing court is it possible. 

S.Magesh (D.M)     25 March 2012

if possible what is the procedure?

Carlisle Collins (Samaritan)     14 May 2013

Muslim divorces circumvent the court process; nevertheless, I understand the Law Commission has suggested a uniform set of principles that make it mandatory to register all marriages and divorces regardless of one's religious beliefs. See Links

https://lawcommissionofindia.nic.in/reports/report211.pdf

https://www.pib.nic.in/newsite/erelease.aspx?relid=43988

https://www.dnaindia.com/india/1674966/report-cabinet-approves-bill-on-compulsory-marriage-registration


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