need advice....


the husband is 33 yrs old it was luv marriage at age of about 17 yrs.....now his wife is having extra marital affair....he doesnt hav any marriage reg papers as such & he wants divorce now.........his wife is living separate 4m him 4m last 3 months. the marriage is illegal as both were minor...so how can he get divorce.....?

 
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Advocate

The procedure of divorce in this case is same as it is with any other marriage. Even if they have not registered their marriage, it doesnt come in the way of filing for divorce if their marriage has been performed according to rituals provided by their religion. If any of the spouses have not claimed for annullment of marriage soon after their marriage as they were minors,then, after they have attained majority, the marriage becomes a valid marriage.

 
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The marriage is valid.  Hence, he has to file a divorce case on the ground of adultery and any other grounds available to him.

 
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At the time of marriage the gril was minor, not both the parties.  Following sec of the Hindu marriage act may applicable on your case. Sec,13 (2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground,-

(iv) that her marriage (whether consummated or not) was Solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years.

for more perfect answer, more details regading date of birth of the girl date of marriage and the cause for delay in filing the petition in regard to the marriage is required.

 

 
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Eye Specialist

 IT     IS   A    VALID     MARRIAGE    NOW  &    DIVORCE     SUIT    MAY    BE     FILED.

 
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