is divorce required if couples are separated on 1st day of marriage

577 votes

Entering into agreement for dissolving of marriage before an advocate is not valid, what ever the reasons may be, you have to obtain the divorce from the court only. coming to exchange of articles and other is ok, but for divorce you have approach the court only.

Advocate Murali Mohan Rao LawRato

684 votes

Dear Client,
Hindu marriages are celebrated by both the parties to the marriage VIZ., bride and groom with the blessings of vedic priest in the presence of elders, well wishers and other relatives along with parents of both the sides. There should be valid evidence to the marriage like celebration of marriage, wedding card, marriage photos, marriage video coverage etc., If so, the marriage should be dissolved by an order of court only. Otherwise it is not valid in eye of law. What you have stated in query that is say `both parties exchanged due articles, money and wrote one formal promissory note in front of lawyer as deed of divorce is invalid in law. Hindu Marriage Act did not suggest that deed of divorce will be obtained in presence of lawyer after exchange of articles and other money that were given at the time of marriage. As per Hindu Marriage Act Marriages will be celebrated between individuals of opposite sex those who does not have spouse living as per customary rites and ceremonies and dissolution of marriage will be made only through only order of court. Hence, the mention of no relationship existed between couple, marriage is dissolved as couples are not lead time as wife and husband in your query is invalid in law. So, the parties to the marriage that is to say husband and wife must and should obtain valid order of dissolution of marriage/order of divorce from a valid court of law. Otherwise problems will crop up in future. If in future both the parties that is husband and wife, get married then it amounts to second marriage and it amounts to bigamy and it is an offence under Indian Penal Code. So, engage an expert advocate who has been dealing in cases of family matters and dissolution of marriage and get filed a petition for dissolution of marriage in a Family Court which has territorial jurisdiction where the both the parties last live, or where the marriage was performed. Have an expert legal advise to avoid future complications.

Advocate Sistla Rama Krishna LawRato

923 votes

HI
All divorces should compulsorily happen only through courts.
Any informal arrangements(similar to yours) are not valid in eye of law.
In order to avoid future problems both parties can apply for mutual consent divorce under section 13 B of hindu marriage act.

Advocate Rajagopalan LawRato