Do I need to get a divorce if my marriage is not registered?

938 votes

Of course you have to get a divorce. Registration is not compulsory under Hindu law. In fact if you marry another he can be prosecuted for adultery and other crimes under IPC. And your second marriage will not be valid under law. You can opt for mutual or contest divorce.

LawRato LawRato

981 votes

Hi,

As per the Hindu Marriage Act, 1955 if you have completed all the formalities for marriage including the saptapadi( 7 Circles) then it is considered a valid and legal marriage.


Although , they have started to make registration of marriages compulsory, people belonging to the low-income group may not be aware of the same, hence they cannot deem a marriage to not be valid for the same reason.

In this situation, yes, you will have to seek divorce if you are intending on marrying someone else. Your husband can file a case against you for restitution of conjugal rights and can also initiate criminal proceedings for adultery against your new spouse.

You will also have to wait for a period of 1 year before you can institute divorce proceedings. ( The law states that there is a one year waiting period from the time of marriage before you can initiate divorce proceedings).

There is a loophole in the law though , unless the saptpadi has not been completed and the same can be proved, there is no valid legal marriage. However, this would warrant some more information on your behalf.

Advocate Anuj Nair LawRato

827 votes

Yes, u can get divorce from ur husband.
And if u want divorce really then don't get register ur marriage. Non registration will help u to be free from ur unwanted husband. For detailed solutions I must go through the real facts of ur marriage.

Advocate Rajiv Saxena LawRato

785 votes

Yes, you first need to get a Decree of Divorce from the Court. Without getting a Decree of Divorce if you remarry, then your husband can initiated legal proceedings against you as this will amount to Bigamy.
Your second marriage will be a nullity , i.e. not a valid marriage in the eyes of law.
Registration or non registration makes no difference.

Advocate Mercy Hussain LawRato

985 votes

Registration of marriage is not necessary but taking divorce is not dat easy if you only want to take it without any valid reason or ground as it will only be possible if your husband too will agree for a mutual divorce otherwise the matter will go to court nd will drag on for years and without taking a divorce you can't marry another person..so think wisely before taking such step,talk to your parents and in-laws, discuss the problem which you are facing wid your husband, take a decision after seeking proper help from any professional counselor nd discussion wid every close frnd nd family members...as breaking a marriage within one month of marriage In haste is not good as it will hurt alot of ppl.

Advocate Ravi Ranjan LawRato