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Krishna kumar (other)     25 October 2017

Divorce under tamil nadu registration act

Hi Hindu Girl married muslim guy under tamil nadu act instead of special act. After marriage both stayed seperately in their own houses. Its been 4 years since it happened and now girl is looking for divorce as they are not in good terms. She filed divorce and judge told that since case is filed after four years marriage can't be called as void though it is wrongly registered under tamil nadu act. She have following questions now 1. Whether void marriage can be made valid only because divorce is filed after one year? 2. Guy is not ready to give divorce wantedly and he wants to prolong case. What is the best possible solution in this case as it is already more than one year since filing? 3. Is there any chance to go for high court appeal though case is pending with family court now? 4. What is the reasonable timeline in general for getting divorce in these type of cases? Thank you in advance for reading through this message and advising.


 5 Replies

Siddharth Srivastava (Advocate)     25 October 2017

Yes the judge is right as for getting the marriage annulled the petition should be filed within one year of marriage. For getting declaration for void the period is three years. You must go for divorce instead of annulment. Generally it takes 2-3 years but it is only under ideal condition otherwise no body can predict in this regard.
1 Like

Adv Radhika Mehta (Advocate)     27 October 2017

Originally posted by : Krishna kumar
Hi

Hindu Girl married muslim guy under tamil nadu act instead of special act. After marriage both stayed seperately in their own houses. Its been 4 years since it happened and now girl is looking for divorce as they are not in good terms. She filed divorce and judge told that since case is filed after four years marriage can't be called as void though it is wrongly registered under tamil nadu act. She have following questions now
1. Whether void marriage can be made valid only because divorce is filed after one year?
2. Guy is not ready to give divorce wantedly and he wants to prolong case. What is the best possible solution in this case as it is already more than one year since filing?
3. Is there any chance to go for high court appeal though case is pending with family court now?
4. What is the reasonable timeline in general for getting divorce in these type of cases?

Thank you in advance for reading through this message and advising.

In my opinion, you should challenge the order of the judge.  I am not aware of the Tamil Nadu Registeration Act and/ or whether it provides for registeration of marriages amongst people of different religions but say if you had got it registered under the Hindu Marriage Act, your marriage would be void-in-abito and you would not even be required to file a Petition. 

There is no time limit for filing an annulment Petition, except unless the ground is fraud/ misrepresentation or the pregnancy of the wife. 

Krishna kumar (other)     27 October 2017

Since the case is still pending in the family court..please suggest how and where to appeal so that case can be closed asap. Thanks

Adv Radhika Mehta (Advocate)     27 October 2017

You can file a Writ in the High court against the said order

Krishna kumar (other)     28 October 2017

Thank you Sidharath and Radhika mehta. I am getting different interpreyations from different people. I understand law is like that but is it possible to quote exact law where it is given as void or valid for my case and also please refer some case studies if you have anything before. We are in opinion that it should be void as it is not registered properly. I mean both parties went to one notary..signed before him and guy paid money to register it without following normal procedure of displaying in notice board and all...however we checked register one year back and it is registered in tamil nadu act. Please suggest and thanks for your time.

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