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If marriage is not registered do we have to file for divorce


05-Dec-2023 (In Divorce Law)
I got married in the year 2002 in my native ...it was an arranged marriage and we have not registered the marriage...so my question is since we have not registered the marriage...should I file divorce case for getting separated from my husband or since we have not done court marriage whether our marriage is not void at all please let me know.I am a Hindu..having a daughter of 12 years..at present I stay at bangalore
Answers (5)

Answer #1
707 votes
Question: I got married in the year 2002 in my native ...it was an arranged marriage and we have not registered the marriage...so my question is since we have not registered the marriage...should I file divorce case for getting separated from my husband or since we have not done court marriage whether our marriage is not void at all please let me know.I am a Hindu..having a daughter of 12 years..at present I stay at bangalore

ANS: It is a must to obtain a decree of divorce through court.
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Answer #2
658 votes
Marriage has been performed as per Hindu customs and rites in the presence of family, friends and relatives. This is sufficient, registration is not mandatory. Thereafter out of this marriage you have a daughter who is 12 years old as well. Assuming that she is going to school, name of the father must have been given at her school.
Therefore for all practical purposes your marriage is valid and subsisting. In order to dissolve this marriage both of you must file petition for dissolution, either by mutual consent or individually on other grounds available to you.

Answer #3
561 votes
Dear Madam,

You still need to file for the divorce with valid ground. You can also file for divorce by mutual consent if your spouse agree for it. Marriage registration is optional.

Regards,
Sadanand
Answer #4
645 votes
not an issue. you can file a divorce case. please bring marriage invitation card, photo, for proof and brief me with on what ground you want to file a case. the marriage will not void if not registered in hindu marriage act.
Answer #5
520 votes
Madam, for validity of marriage registration is not required and hence your marriage is valid in the eyes of law and you can file a case for divorce and also claim permanent alimony for yourself and maintenance for your daughter, for further details you are free to contact.

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.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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