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P1   24 March 2016

Divorce procedure without a marriage certificate

It's been only a month to my marriage and we haven't registered it yet. We want to get divorced, does the usual "two motions with a six month cooling period" applies here as well, or is there a fast track process for a newlywed that haven't even got it registered yet. Please help.


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 5 Replies

Vijay Raj Mahajan (Advocate)     24 March 2016

The marriage is only one month old and for getting divorce by mutual consent you need one year of separate living, so wait for another year before you jointly file for divorce by mutual consent. Even after filling for the MCD, you will have to wait for another six months before the divorce is finally allowed by the Family Court.

The registration of marriage solemnized according to Hindu form in or out of Hindu temple is not compulsory and non-registration of such marriage or no marriage certificate of Hindu marriage will not invalidate it, so you have to dissolve the marriage by decree of divorce that is issued by Family Court in India.

This the law, now tell me one thing did you consult any lawyer before going for marriage as now after the marriage you are seeking legal advice of lawyers here?


(Guest)
Originally posted by : P1
It's been only a month to my marriage and we haven't registered it yet. We want to get divorced, does the usual "two motions with a six month cooling period" applies here as well, or is there a fast track process for a newlywed that haven't even got it registered yet. Please help.

a.  Legally you need to wait for another year and half if you want to get divorced legally.

 

b.  In the mean time if your wife has increase in affection for you and files some criminal case on you, you and your parents and your relatives will be arrested under 498a.  and these cases to get over will take 10 years excluding divorce case by mutual consent under HMA 13(b).

 

c.  But in the mean time if your wife wants to contest the case of divorce, it will prolong for another decade.

 

d.  b+c -= 20 years.

 

e.  on the other hand if there is no evidence of marriage other than few photos and a CD, as you have not registered your marriage.  You can just simply part ways and save yourself from attending court case and feeding some lawyer fees in name of litigation expenses.

 

As you have not registered your marriage, forget registering it, and simply move out, kiss goodbye and forget all of this as a sweet dream or tooth fairy.  No need to go to court.  Only evidence court will ask if you are married is a marriage photo and some invitation.  Take these out, and you are free.

 

These can be done if your wife also wants divorce and not roaming to courts.

Vijay Raj Mahajan (Advocate)     24 March 2016

How can some stupid person give such unethical and illegal advice here in this forum as this above mentioned reply.

Tanveer ul Qamar   25 March 2016

Agree with Mr.Mahajan, such kind of stupid and illogical advise should not be allowed as this will hamper the Moto of this forum

Sandeep Naik (Advocate)     24 May 2016

I do agree with Adv. Vijay ....There are advocates who instigates to do illegal things and later back out . We must maintain decoram. 

Adv. Sandeep Naik


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