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swarnarka chowdhury (student)     21 July 2016

Is ceremony necessary under hindu marriage to claim divorce

Hi is a social ceremony with rites necessary to claim divorce under Hindu marriage or if registration of marriage is sufficient. Please provide citation if social ceremony is not needed to file divorce under Sec 13 of Hindu marriage act


 8 Replies

Sood   21 July 2016

Exactly not necessary.... if u have proper registered marriage...further pm me

Mukesh sharma (job )     21 July 2016

Hi Sawrnika marriage social ceremony not necessary if your marriage register than their no worry about it you file divorce in hinu marriage act sec 13 in family court where you currently living 


swarnarka chowdhury (student)     21 July 2016

Sir thank you for reply... can you please provide me citation of any court which states ceremony is not essential for hindus to claim divorce under Hindu marriage Act... Thanks in advance

Mukesh sharma (job )     21 July 2016

Hi welcome to you but their no thses type of rule i have not found here which i provide to you 

but you no worry about it if your marriage regiserd and than not need any social ceremony even after social ceremony we need to register our marriage 


Khush   22 July 2016

no not requried at all.


JustAdvisor (IT)     22 July 2016

if there are no ceremonies most likely you would have gone for a "court marriage" under special marriage act in which case you need to file for divorce under same act.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     22 July 2016

Conditions for marriage

Section 5 of The Hindu Marriage Act specifies that conditions must be met for a marriage to be able to take place. If a ceremony takes place, but the conditions are not met, the marriage is either void by default, or voidable.

Void marriages

A marriage may be declared void if it contravenes any of the following:

  1. Either party is under age.The bridegroom should be of 21 years of age and the bride of 18 years.
  2. Either party is not of a Hindu religion.Both the bridegroom and the bride should be of the Hindu religion at the time of marriage.
  3. Either party is already married. The Act expressively prohibits polygamy. A marriage can only be solemnized if neither party has a living spouse at the time of marriage.
  4. The parties are sapindas or within the degree of prohibited relationship.

Voidable marriages

A marriage may later be voidable (annulled) if it contravenes any of the following:

  1. Either party is impotent, unable to consummate the marriage, or otherwise unfit for the procreation of children.
  2. One party did not willingly consent. In order to consent, both parties must be sound of mind and capable of understanding the implications of marriage. If either party suffers from a mental disorder or recurrent attacks of insanity or epilepsy, then that may indicate that consent was not (or could not be) given. Likewise, if consent was forced or obtained fraudulently, then the marriage may be voidable.
  3. The bride was pregnant by another man other then the bridegroom at the time of the marriage.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     23 July 2016

There is nothing called a court marriage. A valid marriage should be either by ceremony customary to the community or by registration. A registered marriage is done in the office of the Registrar of Assurances (normally a sub-registrar) and there is nothing more firm than that. Films and TV serials create wrong impression about valid marriages. A boy and girl going to the temple and the boy tying the mangalasutra is no marriage at all. Such marriages are voidable marriages. In the case of registered marriages divorce can be sought by either of the parties or by both the parties if the conditions for a divorce are fulfilled. There are cheats who take even educated women before a lawyer, real or fake, and the lawyer solemnises and gives the marriage certificate, which will be fake.  Boys and girls should be educated in schools as to what is a valid marriage. If they get misguided the consequences can be very serious. In order to encourage inter-caste marriages which will mostly be without the approval of parents, police stations are authorised to solemnise marriages in Tamilnadu. I do not know to what extent such marriages are valid. In India if a man and a woman claim that they are husband and wife it is accepted until and unless it is challenged. 

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