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PriyaNayak ( )     28 November 2011

Unregistered marriage divorce


This is the case with one of my close friends. After 6 days of their marriage, they got seperated. Wife doesnt want to stay with the husband  any more . Ths is beacuse husband said that he cannot satisfy her physically.its been 6 months and some days now, since they are staying seperate. the marriage is not registered.

Now, the question is how can they apply for divorce? Husband doesnt want yo get married again. who would be the right party to initaite a divorce in this In this case , the wife is working , while the husband is not. Can the wife claim for heavy alumni? can she claim from the property which the husbands parents hold?The husband doesnt hold much in this case.

Not any other detail can be specified at this point.


 8 Replies

M.Sheik Mohammed Ali (advocate)     28 November 2011

both are having right to claim divorce. same time if husband go for divorce then he will pay the alimony but husband proved that she is working and get lumsum of amount same time i am not working and not haveing any property me, thereafter court will consider possible way to give divorce.

Tajobsindia (Senior Partner )     28 November 2011

@ Author

From your brief it looks your friend wants and wants whereas her husband does not have much to give and give to her in terms of say healthy s*xual relationships between couples, emotional security and economically too so it is obvious your friend has to first initiate either re-union (restitution of her conjugal rights) and or dissolving of her marriage with him. It should be your friend who has to approach
Jurisdiction Court first now if all social expected efforts fails!.



  1. Impotency is one of the most common grounds for dissolving marriage.
  2. Registration of marriage / un registered marriage has not much bearing in your brief. Mere acknowledgement of two spouse that they are married Is enough to run a matrimonial case.
  3. The para 1 ground is available to her only after expiry of 1 year of their marriage. (pre-assumption here is that theirs is a young marriage as no year of marriage stated in the brief)
  4. If husband has no income as your friend via you says nor has any properties in his name apart from opening sentence duties then you friend should forget ‘huge alimony’ as she is seeking advise! She may get most probably what we call minimum wage act pre-ponderous of income of a able bodied male’s ability to earn which at today’s rate is considered by various Courts to be around Rs. 4,250/- per month. Hope she considers this to be ‘huge maintenance pendente-lite’ for herself during the divorce proceeding! Post divorce proceedings she is eligible to apply for one time Alimony and again status and income with properties (assets) of husband that were proved during earlier proceeding will be considered to give “huge” or “small” one time  alimony as your friends seeks answers through you!
  5. She cannot claim property rights of In Laws.
  6. Husband does not seems to have ground for divorce in the brief hence I differ to above adv. reply as he states both are having grounds for divorce. I agree to above adv. advise that husband can claim maint. pendentlite during the proceedings if he shows himself to be un-employed without any income and your friend shown to be working. 

However to sum up the only advise reading your briefs emerges is to wait for 1 year (if it is a young marriage i.e. less than 1 year old) and encourage your friend to sit with her husband and ask for your friends pseudo-freedom on ‘mutual consent divorce basis’ with one time settlement on “alimony” issues without much of running around various criminal / civil courts at the end of day if that suits her opt it otherwise reconcile with husband with whatever marital read with social limitations he currently has and help him grow in marriage expectation wise as a couple in the eyes and acts of society they keep.   

PriyaNayak ( )     28 November 2011

The marriage is young the date being 6th May 2011, and when I say my friend ( here it means the husband and not the wife).

In case tif he wife wants to claim a lumpsum, how much can she claim, considering that the husband is unemployed and doesnt have much on his name? Also let me know the process in detail if u can

Tajobsindia (Senior Partner )     28 November 2011

@ Author


Ok. read your second post.


In emerging scenarios we say the main concern is about ALIMONY so here you go first (based on below how and how much alimony is / can be granted is what I mean) hand gyan on Alimony part;


1. Alimony is generally not granted by the court to the seeking party if the latter is already receiving financial support, during the time of the divorce. Here you already say that she is working so why alimony to a working metro wife -she is not disabled bodied - fight it and bingo she will not get any alimony !!!!



2. Duration of marriage of spouse before a Court is the second assumption. The quantum and duration of alimony depends on how long the couple had been married before filing for divorce. Spouses who have been married for more than ten years, for instance, may be granted lifelong alimony. Here in your male friends case they have been married from May 2011 till the Application for Alimony is filed that is the time period Judge will consider for granting / not granting alimony based on adduced facts by respective parties when they try to cross that bridge !



3. Age of the recipient (here worry before you two is a metro wife!). So in that case scenario it also smells to me that the female spouse seems to be younger and in those cases often the alimony granted to a younger spouse is for a shorter tenure, if the Court thinks that the recipient can eventually become financially sound, with career advancement. Here the case smells of younger couple so your male friends spouse will get lesser is one of the pre-assumptions I am placing before the Board.



4. Financial position of either spouse is next consideration while thinking on alimony. Here what Court assumes is that if the divorce takes place between two parties with unequal resources, the higher-earning spouse is generally asked to pay a substantial amount as alimony, in order to equalize the financial condition of the spouses. Similarly, a spouse with very profitable financial prospects is usually asked to cough up the alimony amount which has been the trend till date here in India. Here in emerging scenarios if I am given the brief to put before the Court then I will put papers on behalf of husband for seeking alimony from his metro wife due to wife working and husband being un-employed!.



5. Health of spouse is next line of thinking for a Court. If the seeker is in poor health, the court usually orders the other spouse to pay a high alimony to take care of the former’s healthcare expenses. However in emerging brief the situation seems not like this as anyhow younger female spouse does not need medicare as she is young and hale and hearty so there she gets a knock-out while calculation are being done in courts mind!



6. Respective marriage laws. The terms and conditions of alimony, also vary from one personal law to another. Thus, whether and how much alimony the seeker will be granted, will depend upon the laws according to which he/she got married. We donot know the religion of the spouse in presented brief and under which Marriage Ceremonies they got married other than your name ID smells to be of Hindu but that being not material here, hence, check their marriage ceremony and bingo one can know which Marriage Law will now apply.



7. Maintenance by public body is also allowed as per citations from various State’s HC’s in terms of alimony. In exceptional conditions, the court can direct that the seeker be paid maintenance after divorce, by a public body. Yes, there have been citated cases from various State’s HC’s where such maintenance were awarded but this is not case in hand so I suggest you not to jump up J.



8. Law on alimony in perspective. While in the Western countries, alimony is an obligation ordered by the court to the financially stronger spouse, in India it is not yet an absolute right of the seeker. Rather the awarding of alimony, its amount and duration are determined by the financial position and family circumstances of the respective spouses. Check yourself where your this male friend and his wife stands socially keeping 6 DAYS of their marriage cohabitation as primary scope in mind read with who among them files first THE PAPERS before Court.



Apart from my previous reply read with this reply I would suggest him to become pro-active in current situation since you are his major support and how it could be done is stated below i.e.


do recorded visit of his side of elders to HER home to bring her back which is what Court expects a missing in matrimony wife won over by left behind husband to act immediately as legally and social eyes point of view they are still HUSBAND and WIFE is it not so !



- if above social opportunities shows failure then send Legal Notice prepared by an advocate for reconciliation / restitution of conjugal rights from husband side to his wife.



- further if above two shows utter failure on part of wife to react / show some symptoms of counter cases and response positively and or re-join matrimonial home then by that time May 2012 will approach and then he should file for Divorce under Cruelty and here ground being wife leaving home without consent + wife not responding to social / legal notice for restitution of a husband's conjugal rights. Here it is ir-respective if he can perform marital obligations or not as the first two efforts (social and semi -legal) read with witness of husbands side with proof affidavit to seek divorce.



Above are ideal ways to get it over with but I repeat BUT is that so in today’s gender biased Laws of the land :-)



To above the answer lies in reading last 150 thread titles posted in LCI quickly and you will know how much waters your this male friend is right now in and or may get legally raped soon if he does not act first.



Yes I am using the word First and who should act first was your first question before us but did not reply earlier as not much hints of the facts were there in your first message post but with your second brief reply better clarity of the situation emerged hence I say he should act first socially followed by semi - legally and come May 2012 he will know what she and her sides are upto and it becomes about time to file for divorce under cruelty and hence I suggest to take first movers advantage with material evidence as hinted above.



To do / some of the above the journey starts with in-chamber meeting a husband friendly advocate practicing in family court of Jurisdiction where husband lives followed by more or less above guidance forthcoming are some of my views.

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     28 November 2011


Priyanshi   28 August 2015


I got engaged on 14th May, 2015 and my in laws wanted the marriage to be done as soon as possible. So I got married on 5th June, 2015 (within 15days). Now soon after my marriage I could see some symptoms in my husband which potrayed that he is not normal. Based on several evidences, within 45 days of my marriage I contacted a psychiatrist. 


As per the psychiatrist his syndrome cannot be treated. Now I want a divorce from my husband.


It is clear that my marriage is a case of fraud from the side of my in laws.They did not spend even a money in the wedding and all the rituals were done from our side.


I am a working lady and my confusion is that, I do not demand alimony from my husband, but I want my in laws to compensate all the expenses of marriage.


My marriage is not registered as per the law with the court.


Kindly advise that is the compensation possible, as we are looking for out of  court settlement.




prabhakar advocate (advocate)     28 August 2015

In your case, you should not apply for divorce, but you should apply for annulment of the marriage on the ground of fraud and concealing the vital information from you.  It falls under S.12(c) of Hindu Marriage Act.  This case can be immediately filed.  In the case of divorce, the parties have to wait at least for one year from the date of marriage.  So, go for annulment.  In annulment cases, once you get the decree, it amounts that the marriage has never happend.  It is an additional point for you to go for annulment case.  As per law, marriage expenses cannot be compensated.  But only stri-dhan articles, gifts given to you can be taken back.

Prabhakar - Advocate


Legal Aid Panelist - Family Court - Central Delhi(Tis Hazari)

prabhakar advocate (advocate)     28 August 2015

In your case marriage certificate is not required.  Marriage card and marriage photographs are more than enough to prove the marriage solemnization.

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