Marriage not registered how to get divorce

536 votes

It is not clear on which custom you have married. If you married as per the customs privileged in the Pentecost you can go for the divorce as per the Indian Divorce Act. The date of marriage is important here.

Advocate Sindu R Kurup LawRato

712 votes

Best option is to file the case for nullity of marriage.exception of bigamy and not meeting the minimum age requirement for marriage, it is rarely granted. A marriage can be declared null and void if certain legal requirements were not met at the time of the marriage. If these legal requirements were not met then the marriage is considered to have never existed in the eyes of the law. This process is called annulment. It is very different from divorce in that while a divorce dissolves a marriage that has existed, a marriage that is annulled never existed at all. Thus unlike divorce, it is retroactive: an annulled marriage is considered never to have existed.

Annulment or Nullity of marriage means that the marriage has not happened at all. After getting the annulment or nullity decree, the status of the individual is UNMARRIED/SINGLE,


Conditions of the annulment of the marriage are:

a. The marriage has not been consummated ( no sexual relationship has occurred between the husband and wife)

b. It should not have been in the prohibitive relationships (Husband and wife cannot be as brother and sister, like first or second cousin, or through same father and different mother etc., unless accepted by the caste)

c. This marriage should not have happened through fraud or force and without the consent of both the individuals to the marriage.

d. The marriage should not have happened through the concealment of the facts. (like either parties were married before and later divorced, or have a child through previous relationship)

e. The parties of the marriage should not have the contagious disease which cannot be cured within the specified period of 1 year.

f. The parties of marriage should not be impotent or have the disease which can be unable to bear the family.

g. The parties of the marriage should not be of unsound mind.


h. The parties of the marriage should not be in any marriage earlier, and if the marriage has happened, the divorce should have been happened (except for Muslims) before the second marriage.

3 it is mandatory to be filed within one year of the marriage or 1 year from the date when the fraud came into light.

4. The process of annulment is same as other case like divorce or RCR

5. The time taken depends on the co-operation from other party.

Advocate Ajay NS LawRato