Aravind Natarajan 27 February 2022

is it legal to backdate an unregistered marriage ?

Is it okay to backdate a marriage in order to file for mutual divorce ?
what is the severity of crime and punishment if caught ?

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Quick Summary

Backdating a marriage, whether registered or not, to facilitate a mutual divorce is not a legal or advisable practice. Submitting false information to the court to obtain a divorce decree is considered cheating and is punishable under Section 420 of the Indian Penal Code. While a marriage can be dissolved through mutual divorce with proof like photographs, attempting to backdate it carries significant legal risks.

2 Replies

Adv. Mohit Chahal (Advocate) 27 February 2022

Dear Querist

Knowingly submitting false and incorrect facts before the Court for the purpose of obtaining decree of divorce is an offence of cheating and punishable u/s 420 IPC.

Regards
Mohit Chahal
Advocate
District & Sessions Court, Hisar
Phone No. 9968911099

https://mohitchahaladvocate.business.site

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Palak batra 28 February 2022

Dear Querist,

Whether marriage is registered or not it can be dissolved by contested or mutual divorce. There is required only proof of marriage like card photograph etc. Mutuality is an easy way if both parties agree. But for that, backdating a marriage is not a right way, this could be punishable under section 420 of IPC.

Regards,

Palak