If a couple has got married in India, under the Hindu Marriage Act , The partners can file for divorce by mutual consent , like other Indians residing in the country, India law will recognize their divorce according to the laws of that country, only if it is by mutual consent. Even when the divorce is taking place abroad, it is always better to hire lawyers who is aware of Indian divorce laws relating to NRI's. Performing marriage according to hindu rites and customs are enough to constitute a valid marriage.
Once both of you have consummated the marriage and lived together as husband and wife, then it has to legally dissolved. If both have decided to mutually dissolve the marriage, then file a divorce by mutual consent. As both of you are living outside india, file the divorce petition before the place where marriage has been performed. However, As per S. Hi, as per Hindu Marriage Act when the Saptapadi is complete the marriage is complete and legal. This can be enforced in any court and the registration even if not complete makes no difference.
In the normal conditions you need to file a separation petition only after one year of the marriage. Well, then count 12 months from the date of marriage before which you can't apply for mutual divorce. If you have performed the marriage as per the Hindu rites and rituals then you will have to obtain divorce as per the provisions of the Hindu Marriage Act.
Mutual consent divorce will have to be filed. If you both are ready for divorce, you may jointly apply for divorce by mutual consent in the United States of America. It is pertinent to dissolve the marriage by a decree of divorce through a court of law or else the dissolution by any other mode will not be legally valid. If you both are Hindus by religion then the provisions of Hindu Marriage Act , shall be applicable.
Hi , even if the marriage was not registered on records,you still will be considered married as your marriage took place according to hindu rights and ceremonies..
Marriage solemnised by following Hindu rites and customs in a temple without registering the same is also a valid marriage in the eyes of law for which you are treated as legally married couple.
You shall have to get the decree of divorce from the Court of law in India by filing a divorce petition. You shall have to wait for one year for filing the divorce petition, be it contested or mutually consented divorce. First of all there must be completion of one year of marriage.
Thereafter both of you mutually needs to file mutual consent divorce petition in the court of law. Both of you can appoint any trustworthy person separately by way of special power of attorney who can take decision and appear on your behalf in court of law. Yes you need to file the Divorce with mutual consent in family court having jurisdiction of the place where you stayed after marriage or solemnised the marriage. Only a judicial decree of divorce from court is the legal way of divorce.
Schedule a minute call with a lawyer. Legal advice online in India. Is a legal divorce needed while separation if marriage was not registered? Me and my husband got married in the temple followed by other rituals in a hall. But we did not sign any documents or register the marriage in front of a registrar or at the resort. If we separate, do we still need to go through a legal divorce process?
If yes, How do we proceed? So, it is always better to go for legal divorce. It may be mutual divorce or any of the party of the couple can file divorce petition before the court. Shahzad Advocate. Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.
You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato. Need Help? I won't keep you waiting. Home Divorce Legal Advice Procedure for divorce if marriage is not registered. Procedure for divorce if marriage is not registered. Friend of mine want to get divorce but her marriage never get legally documented.
In that case does she require to apply for divorce. If yes please let me know if there is any procedure to get help from government for females in case of divorce. Anonymous User. Connect with top Divorce lawyers for your specific issue. Connect with a Lawyer. Answers 7 votes. Advocate Manoj Kumar. Advocate Manoj Kumar 4. Googling your legal issue online? If you want to have a record of your marriage at the NSO, you may apply for a delayed registration of your marriage certificate at the Municipal or Local Civil Registry of the place where you and your husband were married.
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