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Shalini shukla   07 August 2017

Divorce of aryasamaj marriage

Sir/mam, Me and my spouse did aryasamaj Marriage in may 2017,now after trying every effort to save Marriage,I have given up,now we both want to get apart, in Marriage pics no any one else is seen as a witness,only me and my spouse is seen.we did not registered that fir court Marriage..recently CM yogi's order has came that every Marriage must be registered. So can I think as I have not registered,so I am free from that Marriage ?


 13 Replies

jitendra gupta   07 August 2017

If your marriage has broken, then you do not have to do anything. any query 9889986209

Shalini shukla   07 August 2017

Broken means we don't want to live with each other,but for security issues like ,risk of being blackmailed with the help of aryasamaj Marriage certificate and photographs ,do I need legal divorce?

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

9811405665

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

Dear @Author

 

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!

 

//Peace/Saurabh..V

Shalini shukla   12 August 2017

The witness were not actually present there ,only their IDs were submitted, whole procedure of Marriage was done in actually.certificate is provided,thumb impressions n handwritten agreements are there.so can absence of witness can make the Marriage illigal ?

Shalini shukla   12 August 2017

It was clearly mentioned on certificate that 'saptpadi were performed'

Shalini shukla   12 August 2017

It was clearly mentioned on certificate that 'saptpadi were performed'

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

Plz answ Whether the absence of witnesses may prove the Marriage illegal?

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.


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