Married in unregistered arya samajh mandir. How to get divorce?
I got married last year in May. Marriage happened in an unregistered arya samajh mandir. But i have a valid marriage certificate with marriage photograph attached. Now if we wish to file for divorce what would be the procedure. I have no clarity if my husband is also wiling to divorce. What can i do such situation?
If you do not want to live with your husband then you can simply speak to him and file a mutual consent divorce under Section 13 B of Hindu Marriage Act thereby seekingdivorce on mutual terms and condition.
A joint petition signed by both parties is filed in court under said section. In the first motion statement of both parties are recorded and then signed on paper before the Hon'ble Court. The 6 month period is given for reconciliation, (the hon'ble court gives a chance to the couple to change their mind) 6 months after the first motion or at the end of the reconcile period if both parties still don't agree to come together.
Then the parties may appear for the second motion for the final hearing.Finally Divorce decree will be granted as the Hon'ble Court may deem fit.
This process of divorce is faster and less time consuming.
However if your husband does not agree to give you divorce, then you can file divorce petition under Section 13(1) of Hindu Marriage Act on any of the grounds which suits your facts and circumstances
you should know that there are two kinds of divorce. one is through mutual consent and the other is by contesting. you need to speak to your husband. It would be the best scenario if your husband is willing to divorce by way of mutual consent, you need to consult a lawyer who will get you two divorced in just two dates (with gap of 6 months). if he is not willing then you need to consult a lawyer who will again file a divorce on certain grounds like cruelty, non-cohabitation etc. after discussing the case with you.
Advocate Shikha PandeyGreater Kailash-1, Delhi
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