Shalini shukla 07 August 2017
jitendra gupta 07 August 2017
Shalini shukla 07 August 2017
S P SRIVASTAVA (ADVOCATE) 07 August 2017
So long marriage is not broken by a decree of divorce granted by court, it is legal marriage and parties may not be having any relations but status of parties shall continue to be of husband and wife. So, it is advisable to file for divorce on mutual consent but as per law no petition for divorce can be filed before one year of marriage, you may require to seek waiver of that condition which court may grant.
Advocate S. P. Srivastava
Delhi High Court
P. Venu (Advocate) 08 August 2017
The marriage has taken place could be dissolved only through due process of law.
Adv Radhika Mehta (Advocate) 09 August 2017
Just because your marriage is not registered, dosent mean that it is not valid in the eyes of law. It is a legally valid marriage which needs to be dissolved by due process of law. Since the both of you are firm on wanting a divorce, you can file a Petition for Divorce by Mutual Consent next year after one year of separation.
Anand Bali Adv. (Advocate Solicitor & Consultant) 11 August 2017
1. It is a static fact that your marrige happened with a Hindu ritual and practice.
2. Whether this marriage is a registered one or not does not make any differance on the question of marriage. It is a legal marriage.
3. A marriage only can be dissolved by a due process of law, no agreement or mutual understanding without court's node is a legal sollution for dissolution of marriage.
4. CM Yogy's appeal is to register the marriage is for the people's awareness that they should get temselves registered as husband and wife and get a marriage certificate so that any fraud in the marriages can be prevented and a true demographic picture can be taken of the total poputation for future welfare projects of the government. It do not question the validity and invalidity of the marriage.
Saurabh..V (Law Consultant) 11 August 2017
As rightly opined by learned members SP Srivastava, P. Venu & Anand Bali, marriage can only be dissolved only after due decree by the competent court.
You have to apply for divorce before a competent court of law. You can apply on the basis of mutual divorce. But that is possible only after the cooling off period of one year. In only rarest of rare cases, does the court accept petitio for divorce.
Even in case of Mutual Divorce, the court would give 6months to you and your husband to think about dissolution of marriage. Only then a decree can be passed by the court. So in total you would have to spend about 1.5yrs into this marriage!!
I hope this helps!
Shalini shukla 12 August 2017
Adv Radhika Mehta (Advocate) 16 August 2017
No the marriage will not become illegal simpliciter because of the absence of witnesses.
Shalini shukla 17 August 2017
P. Venu (Advocate) 18 August 2017
If at all the marriage ceremony was defective ( as you are revealing in bits and pieces), it was only because of wrongdoing. Law does not allow anyone to take advantage of your own wrong doing.