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Do we need a legal divorce even if the marriage is not registered


14-Mar-2023 (In Divorce Law)
I reside in Canada and my husband in India.We got married as per Hindu customs but not registered in court. Do we still need a legal divorce?
Answers (5)

Answer #1
780 votes
Yes both of you need legal divorce because registered marriage and marriages according to customes both have same legal standing in hindu marriage act. And if both the parties are agrees then also there are provisions in the act.
Answer #2
911 votes
Hi
Yes if both are Hindus and marriage according to Hindu rites and ceremony you will need a Divorce .If your husband is agreeable to divorce a mutual consent petition for divorce can be filed and divorce granted after 6 months of filing the petition.For more information check www.divorcewhammy.com.
Answer #3
540 votes
Yes. Every Hindu marriage is required to be dissolved by the decree of competent Civil Court. Since both the parties are Hindu the grounds to dissolve marriage are available under Hindu Marriage Act, 1955. Registration of marriage is thus not the pre-requisite for obtaining decree of Divorce from the Civil Court.
Answer #4
626 votes
Hi

You have to obtain divorce decree by filing divorce petition.
When Hindu marriage ceremonies are performed marriage becomes binding on both parties.
Registration of the marriage is not a conclusive proof of marriage but saptapadi is
Answer #5
602 votes
Hi yes you need a legal divorce as per hindu law marriage is valid you only need to show marriage invitations card and marriage photos is sufficient. If it is mutual it will take 6 months you also have other options otherwise your second marriage Will be considered invalid.

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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