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Can a divorce happen if the marriage is unregistered, or is there a need to register the marriage fi
17-Jul-2024 (In Divorce Law)
As per Sec 8 (5) of the Hindu Marriage Act, 1955, not getting a marriage registered does not render it null and void. Hence, the petition for divorce can be filed without a marriage being registered as well.
The Petition for Divorce can be filed after 1 year of Marriage by both the parties either by Mutual Consent or under the various provisions mentioned in the HMA, 1955. As your Marriage is not an year old yet, the petition for Divorce will not be accepted by the Hon'ble Court unless rarest circumstances are proven by the party filing the petition.
In any of the case, if one of the parties moves the court for a Divorce Petition, the notice will be served to the other party. Hence there is no way any one of the parties seeking Divorce can do so without any information to the second party.
Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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