Unregistered marriage.Can divorce happen or there is need to register?


My wife got separated on 29-sep-2013. Our marriage was solemnized on 10 Feb 2013. My marriage is not registered. We have signed an agreement on notebook paper ourself. But I don't want a Divorce.

 

Can she takes a Divorce without marriage registration or we have to register our marriage before filling any Divorce case? Can she take the divorce alone ?

Answer

As per Sec 8 (5) of the Hindu Marriage Act, 1955, not getting a marriage registered does not render it null and void. Hence, the petition for divorce can be filed without a marriage being registered as well.

 

The Petition for Divorce can be filed after 1 year of Marriage by both the parties either by Mutual Consent or under the various provisions mentioned in the HMA, 1955. As your Marriage is not an year old yet, the petition for Divorce will not be accepted by the Hon'ble Court unless rarest circumstances are proven by the party filing the petition.

 

In any of the case, if one of the parties moves the court for a Divorce Petition, the notice will be served to the other party. Hence there is no way any one of the parties seeking Divorce can do so without any information to the second party.


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