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Marriage is not registered can I file divorce
21-May-2023 (In Divorce Law)
I am Hindu. Sub caste: jain. I got married 4 months back. since last 2 months me n my husband are living separate. our marriage is not registered. i want to divorce my husband. i want to ask: 1. if marriage is not registered, is divorce possible? 2. its been only 4 months of marriage, is divorce possible? 3. There might be a possibility that my husband might not agree for the divorce, then can I seek divorce?
1. You can file divorce petition, it is not matter that your marriage is register or not and that will not effect on your divorce petition.
2. Any spouse can file divorce petition when any of the cause mention in section 13 of Hindu marriage act. There is no time limit for asking a divorce.
3.Yes, you can file divorce petition against your husband, if your husband is agree then you can file divorce petition as per Section 13B of Hindu marriage act and if he is not agree then you can file divorce petition under section 13 of Hindu marriage act.
2. Any spouse can file divorce petition when any of the cause mention in section 13 of Hindu marriage act. There is no time limit for asking a divorce.
3.Yes, you can file divorce petition against your husband, if your husband is agree then you can file divorce petition as per Section 13B of Hindu marriage act and if he is not agree then you can file divorce petition under section 13 of Hindu marriage act.
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Response to your first query is yes, now since its been only for months therefore you have to wait for 8 more month as soon as if 12 months over you can filed divorce with mutual consent, if your husband is not ready than in that case you have to file divorce under section 13 of Hindu marriage Act, 1955. Detail advise can be given only after looking into entire facts and circumstances. Further if you have other remedy where by facts are of marriage falls under the provisions of nullity then in that case you can approach without waiting for one year, since petition for nullity can be filed anytime after the marriage.
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Adv. Rajiv Rajpurohit
Ahmedabad | 100+ Answers
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