Married in arya samaj mandir without registration want to separate now

521 votes

Since your marriage is a valid marriage as registration of marriage is not mandatory for a valid marriage in Hindu law therefore you should go for divorce or judicial separation. It is advisable to approach your spouse for settlement and file divorce by mutual consent after settling all the issues through MOU.

Advocate Rajesh Rai LawRato

752 votes

You have to file a petition for divorce on the ground of desertion stating the facts before the Court. Once the Court issues notice to your husband, you can refer the matter for mediation and get the divorce by mutual consent.

Advocate Siddhartha Jain LawRato

643 votes

Dear Madam,

It is my pleasure to assist you in respect of your query of separation with your husband.

As per the information that has been made available to me, non-registration of marriage will not have any effect on the validity of marriage. In this regard, it may be noted that the marriage will be governed under the Hindu Marriage Act, 1955. Now as per your query of separation with your husband, the following three recourse can be taken by you:-
1. Judicial Separation
2. Contested Divorce
3. Divorce by Mutual Consent
However, if you don’t have any inclination to continue the marriage with your husband and if you don’t want to drain yourself with long drawn litigation, I would advise you to go for the Mutual Consent. Having said that, I would also advise you to talk to your husband about it as petition for Divorce by Mutual Consent has to be presented by the both of you.

However, if your Husband refuses to give his consent to the divorce, you can apply for the Judicial Separation in the Court. Since, this course can be taken by either party, consent of your husband will not be required. If you go for this course after presenting the petition in the Court for Judicial Separation, the Court as per law will give six months of cooling period which can be extended upto eighteen months during which you can re-think your decision. After the expiry of six months from the date of the petition made to the court, another motion have to be filed after which Court will grant you the divorce.

The ground for the Judicial Separation is given under Section 13 of the Hindu Marriage Act, 1955. On account desertion by your husband and as per the information made available to me, is a good ground for divorce.

Should you require any further clarifications, do let me know.

Thanks & Regards,
Akshay Saxena

Advocate Akshay Saxena LawRato