Extramarital affair want divorce marriage not registered how to get it
03-Sep-2023 (In Divorce Law)
A friend of mine got recently married. They have not yet registered their marriage legally. But have performed the rituals as per the Hindu traditions. It has been two weeks since the ceremony has been performed. My friend shifted to her in-laws house soon after the ceremony. A week later she discovered her husband is having an affair. She wants to leave. Does she have to file for a divorce even when they have not registered her marriage? Can she leave her husband without them filing a case on her?
Hello,
Your friend cannot file for divorce under Section 13 of Hindu Marriage Act before completing 1 year of her marriage. However, she can file a petition for annulling her marriage before 1 year of marriage under Section 12 of Hindu Marriage on the ground of fraud by her husband as the husband agreed to the marriage based on the lies/ misrepresentation pertaining to his extra marital affairs. If your friend is confident of her husband's extra marital affair and has sufficient evidences to support her belief, she can file for annulment of marriage now or else she has to wait for 1 year to file for divorce under Section 13 of the Hindu Marriage Act. Yes. she can file for divorce even when the marriage is not registered. Feel free to contact me should you need further clarification.
Your friend cannot file for divorce under Section 13 of Hindu Marriage Act before completing 1 year of her marriage. However, she can file a petition for annulling her marriage before 1 year of marriage under Section 12 of Hindu Marriage on the ground of fraud by her husband as the husband agreed to the marriage based on the lies/ misrepresentation pertaining to his extra marital affairs. If your friend is confident of her husband's extra marital affair and has sufficient evidences to support her belief, she can file for annulment of marriage now or else she has to wait for 1 year to file for divorce under Section 13 of the Hindu Marriage Act. Yes. she can file for divorce even when the marriage is not registered. Feel free to contact me should you need further clarification.
No problem, marriage registration is not at all a problem. Almost 95+ percentage of marriages are not registered in India. We have to prove the relationship between these two people. We can do it. Now a days technology is too much forward...
Registration of marriages required but not mandatory. Even though not registered they need to apply for divorce in the concerned district family court. If both willing to get divorce then they apply for Mutual Divorce. But, conditions apply. Conditions not meeting. They have to wait one year and must be stayed separately. Then they can apply. If contested divorce (one party only insisting for divorce) the ground should be valid. It takes lot of time and money to settle the matter. Reg affair with a girl/married lady how far it is true??? think before taking a step.
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