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Validity of Marriage rituals performed but registration not done
20-Jul-2023 (In Documentation Law)
Hello. I have a query that I just wanted to clear. I am born and living in UK, however I want to get married to someone who is born and living in India. However, the issue is his family got him married in December 2014 in a Gudwara/temple. Not legally or court marriage. We still want to get married. Is it possible for us to get court marriage as legally they did not get married ? Please reply Appreciate your help Thank you
The marriage done by rituals is a valid marriage. Before re marriage one needs to take divorce from the old partner.
There are two ways to take Divorce in India:
1) Divorce with Mutual Consent: When husband and wife both agree to a divorce; the courts will consider a divorce with mutual consent. For the petition to be accepted, however, the couple should be separated for over a year or two years (as per the relevant act) and be able to prove that they have not been able to live together. Often, even when either husband or wife is reluctant, they still agree to such a divorce because it is relatively inexpensive and not as traumatic as a contested divorce. Matters such as children’s custody, maintenance and property rights could be agreed to mutually.
2) Divorce Without Mutual Consent: In case of a contested divorce, there are specific grounds on which the petition can be made. It isn’t as if a husband or wife can simply ask for a divorce without stating a reason. The reasons for divorce are as follows, though some are not applicable to all religions.
1. Cruelty
2. Adultery
3. Desertion
4. Conversion
5. Mental Disorder
6. Communicable Disease
7. Renunciation of the World
8. Presumption of Death
There are two ways to take Divorce in India:
1) Divorce with Mutual Consent: When husband and wife both agree to a divorce; the courts will consider a divorce with mutual consent. For the petition to be accepted, however, the couple should be separated for over a year or two years (as per the relevant act) and be able to prove that they have not been able to live together. Often, even when either husband or wife is reluctant, they still agree to such a divorce because it is relatively inexpensive and not as traumatic as a contested divorce. Matters such as children’s custody, maintenance and property rights could be agreed to mutually.
2) Divorce Without Mutual Consent: In case of a contested divorce, there are specific grounds on which the petition can be made. It isn’t as if a husband or wife can simply ask for a divorce without stating a reason. The reasons for divorce are as follows, though some are not applicable to all religions.
1. Cruelty
2. Adultery
3. Desertion
4. Conversion
5. Mental Disorder
6. Communicable Disease
7. Renunciation of the World
8. Presumption of Death
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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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.
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