Divorce without marriage registeration


I got married last year in november in Delhi with a girl who is born in India having British citizenship. We didn’t registered our marriage anywhere. We stayed for 3 months together, and after that we are living separate for 8 months now. I tried to bring her back, but she is not ready to come back. I want to move on, and get legally separated. Is this marriage still valid in India ? What is the easiest way to get separated in this case. I work in UK on deputation, and i dont want any hassle which may impact my work and stay in uk

Answers (5)


270 votes

Since you may complete one year in November of your marriage, you are eligible to file for divorce as per Indian Law. If your wife does not agree to file a mutual consent divorce, which is actually the easiest and fastest way to seek divorce, then you to file a contested divorce, probably on grounds of cruelty. Your wife will be summoned to court and thereafter further proceedings will take place. Please feel free to have a candid discussion on the issue or you may also fix a video conference call/meeting.


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161 votes

you can file a case for mutual divorce in Delhi if your wife is also willing to get a divorce. both of you will have to visit the court once and the process can be expedited since both of you are living and working in UK

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114 votes

In this regard, i would like to advice that your marriage is very well recognized in India, as the ceremonies were performed in India. There is no need for any registration as the same is only for the purpose of the census to be maintained by the relevant authorities. But, I want to know what faith you both are following ? and if you both really want to move on then you can separate amicably thereby filling a divorce for mutual divorce but for that you need the consent of the opposite party also. if she consents to have mutual divorce then its easy to get the divorce from the Indian Courts thereby filling first and second motion in the competent court of jurisdiction.

88 votes

hello client hey.as you are saying tht you work in u k I got married in India in Delhi marriage is totally valid and legal but if u want to get seperated then we can help you out in this matter and you arE saying right issue may get created if you are not living together with her she can put you job in problem as well. and been a lady she can even create big issue against you .so you should apply for legal separation immediately to avoid issue in Ur life and Ur job as well.

122 votes

Yes this marriage is still lawful and legitimate and subsists. You will have to file for divorce before the appropriate Court. After contesting the matter after due time you can obtain separation legally from the Court and thereon continue with your life as a single person. This is the easiest way and what matters is in what spirit your matter gets contested. I hope it helps. please feel free enquire about anything else that you might have on your mind.
thanks
Shobhit Bhatia
advocate

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