Sapinda Marriage or not?


Hi, My wife and I 3 years are separated and are in the process of filing for a divorce. However, we only recently found out that our marriage was registered under Hindu Marriage Act and since we are related there could be a problem filing for divorce under HMA. We had eloped against the wishes of my ex wife's family and the marriage was arranged by a family friend of my father. Not sure if he made a clerical error but now it seems like our marriage was never legal. Unfortunately, we have received mixed opinions from various lawyers: some say it is a Sapinda marriage while other say it is not.Do we fall under Sapinda or we can file for divorce under HMA? Deeply appreciate a response as we would like to finalize the divorce at the earliest and move on with our lives.

Answers (1)


209 votes
Forget about the relationship. Since the marriage is registered it is prudent to get a decree of divorce from court of law.

While applying for mutual divorce no need of your parentage to be mentioned in your mutual petition.

Since both of you have decided to dissolve the marriage, do so and move on in life with the help of decree of divorce burying the past for good.


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