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Temple marriage need to be seperated

Dear Sir, We got married in temple 1 month back. The marriage is not registered yet. Now there is daily fight between us hence me and my wife decided to be separated peacefully. Please advise the quickest and legally valid way to be separated. My wife is co-operating in separation and is not looking for any money etc from me. PS: In temple marriage the ritual of taking rounds of fire did not happened, where as other rituals like varmala, etc happened. Is the marriage a valid marriage.


 6 Replies

Vijay Raj Mahajan (Advocate)     02 June 2018

Hindu temple marriage is valid if all the customary rites and ceremonies applicable to either of the party has been performed. The registration of Hindu marriage under section 8 of the Hindu Marriage act, 1955 is not complusary and if the Hindu marriage is not registered it will not be invalidated if all the necessary customary rites and ceremonies applicable to parties have been performed.

The south Indian Hindu marriage, which applicable to the parties need not be having Saptapadi, namely taking of 7 steps along the sacarad fire but there are other customary rites and ceremonies, if those have been performed in your case, than it is valid Hindu marriage which can be dissolved by decree of divorce by ether mutual consent of both or otherwise.

The petition for divorce will be entertained  after 1 year of marriage as provided under section 14 of the HMA, so you both have to wait even to file for divorce by mutual consent for 1 year as that will even serve as period of 1 year separation as required under section 13B of the HMA. The waiting or cooling period of 6 months after filling petition for divorce by mutual consent can be got condoned as there exists exeptional circumstance in your case and get the decree of divorce without further waiting of 6 months.

2 Like

Adv. Monika Taparia   02 June 2018

You got married without taking 7 steps together along with fire. In a recent judgement it is clearly mentioned that Hindu marriage will not be valid without 7 rounds ritual. Varmal is not sufficient for marriage. Just declare the marriage void ab initial. Adv Monika

shasha jain   02 June 2018

is there any custom in your caste that you can marry without sath phera??? if it is so then your marriage is a valid marriage and u will have to get it dissolved by moving to court. But firstly tell which community do you or your wife belongs to? so that I can properly tell you that what should you do.

shasha jain   02 June 2018

u can also contact for further help or info on
Balkishan &associates
Patiala house courts ,Delhi


Whether you married under temple tree or temple or standing inside a gutter, proving and unproving is left to your Lawyer.  If you want to prove that marriage did not happen at all. Catch hold of an advocate who can do that. That is what you need than simply coming here and begging for free meals.

M.A.T.Ganesan (lawyer civil &family laws)     02 June 2018

I agree with Vijay. 

Anyhow you both sit and talk.Your problems will be solved

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