quesIs divorce not necessary if marriage not registered?

Is there a need to file a divorce if marriage is not registered?

  • ansYes, assuming you are Hindus,

    You can file for divorce under section 13 of the Hindu Marriage Act.

    One option available to you is filing for divorce by mutual consent, if your husband also agrees to the divorce. The benefit of this is that you both can agree on the terms and conditions of the divorce and be divorced within 6 months.


    Section 13B states that the parties can jointly move a petition for dissolution of marriage by a decree of divorce in the District Court on the grounds that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.


    The Court shall then record the joint statement of the Parties and pass a First Motion Order giving a time of 6 month to the parties to resolve their dispute, however, in case the parties are unable to resolve the issues within the stipulated time, the Court shall pass a decree of Divorce. So therefore, divorce by mutual consent takes about 6-7 months.


    If he does not agree for the above, then you can file the petition for divorce under Section 13(1)(i) on the grounds of adultery, however, you need strong and cogent evidence to prove that he has committed adultery.


    OR you can file a petition under Section 13(1)(i) on the grounds of physical as well as mental cruelty. You can substantiate the fact that he hasn't told his family about you and that he has not been staying with you for almost a year.

    You can produce marriage invitation and photos as proof of marriage and seek divorce.


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  • 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. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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