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John Doe   21 November 2022

Query regarding divorce

Last year my sister got married but within 45 days due to some misunderstanding they got separated. we legally didn't register the marriage. now it's been a year do we need to apply for divorce or we should leave it as there was no registration. kindly help me with your legal advice

thanks in advance


Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     21 November 2022

When the couples agree to a divorce, the courts will consider a divorce with mutual consent as per. Section 10A of Indian Divorce Act, 1869, requires the couple to be separated for at least two years, the couple only needs to provide that they have not been living as husband and wife during this period.

P. Venu (Advocate)     24 November 2022

Even though the marriage was not registered, the marriage still subsists. As such, law requires that divorce proceedings, preferably divorce by mutual consent be obtained. 

Alpa Jogi (Advocate) (Lawyer / Advocate)     01 December 2022

Marriage and registration of marriage are two different things. Even if the marriage is not registered, still the marriage exists and proper divorce is to be obtained (mutual/contested) before remarrying, else it may land you in trouble.

 

Regards

Alpa Jogi (Advocate)

Consult Advocate Online


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