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Yash (student)     24 June 2014

Is divorce required if marriage was not registered legally

Hey hi, I am looking for answers for a friend of mine.

 

She got married with a temple ceremony with the wrong life partner but is not living else where out of India. 

They did not legally register anywhere at all. Will this be an issue if she gets married to someone she loves, or will she need a divorce from her previous husband ? 

Again, they have not registered anywhere legally and there is no documentation so as to they are married except for a few photos. 



Learning

 4 Replies

laxmi kant joshi (instructor)     24 June 2014

temple marriage is a valid marriage, yes she have to obtain divorce from her husband only then her second marriage will be valid , if she remarry without taking divorce then her second marriage will be decared as null and void and she will be charged by the criminal offence of bigamy .

Adv Archana Deshmukh (Practicing Advocate)     24 June 2014

Though the marriage is not registered, if the necessary ceremonies were performed in the temple then, it is a valid marriage and can be dissolved by a decree of divorce only. Otherwise her husband can file a case for bigamy against her.

Deven (M.E)     24 June 2014

If marriage ceremony is not performed and you have registered certificate at talati or gram panchayat through lawyer then is it valid marriage?

Asit Das (law officer)     18 September 2014

AS PER LAW, MARITAL DISPUTES ARISES AFTER INITIATIVE OF OTHER SPOUSE. IF ANY ONE ARISES, THEN YOU ARE IN BIGAMY AND OTHER SECTION OF I.P.C., IF NOT OK., IN OUR COUNTRY,THE SAME IS OCCURED, THE PROBLEM ARISES AS AND WHEN ANY BODY ARISES THE DISPUTES. HINDU MARRIAGE IS STARTED AND COMPLETED BY WAY OF EXCHANGE OF GARLANCE AND PRAYER BEFORE SACRET FILE AND IF THE TWO CONDITIONS IS FULFILLED, THE MARRIAGE IS OK AND VALID AND NO REGISTRATION IS NECESSAY TO PROVE THE MARRIAGE BECAUSE TILL NOW THE GOVT NOT ABLE TO COMPULSORY THE SAME. SO THE ABOVE MARRIAGE IS VALID AND YOU CANNOT MARRIAGE WITHOUT DIVORCE, IF DONE, THE SAME WILL BE TRATED AS NULL AND VOID AB-INITIO BESIDE AND EXCEPT ANY BODY ARISES THE PROBLE.

 

ASIT DAS, ADVOCATE, NEW DELHI


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