Want legal divorce when not legally registered marriage done

862 votes

If the marriage was solomnized as per rites and rituals then, even if it was not registered it is a valid marriage in the eye of law and if one wants divorce, one has to approach the court of law. Remarriage without taking divorce is illegal and the second marriage is no marriage in the eyes of law also the person may be prosecuted for bigamy. So, it is very necessary to first legally dissolve the marriage and then think of remarriage.

If the couple have lived together with intention and purpose and meaning of marriage then they are 'married' only. Even under live-in-relationship also there are some beneficial rights for the woman and children born out of that living. Living separate without a proper divorce can make complications in future, especially when one intends to go for marriage with another person later.

Section 13B states that the parties can jointly move a petition for dissolution of marriage by a decree of divorce in the District Court on the grounds that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

The Court shall then record the joint statement of the Parties and pass a First Motion Order giving a time of 6 month to the parties to resolve their dispute, however, in case the parties are unable to resolve the issues within the stipulated time, the Court shall pass a decree of Divorce. You can produce marriage invitation and photos as proof of marriage and seek divorce.

Advocate Ajay NS LawRato

743 votes

Hai, thiട is a difficult Situatation, firstly Say about where or which Place in your marriage Ceremony Conducted, then which place both are reside, no legal marriage u will not get legal divorce, firstly both register ur marriage then file divorce petition after one year , then u will get legal divorce

Advocate Sangeetha Kumary G LawRato

615 votes

It appears that though your marriage is not registered, still you are married according to the customary rights. This is valid and subsisting marriage. Divorce is possible only through the due process of law. You are certainly entitled for the visitation rights of the child. Please ensure that this aspect is included in the decree for divorce.

Advocate P Venu LawRato

562 votes

You can file a joint petition before the Family Court where you reside or where both of you got married. Though it is not registered you can be separated only after legally divorced. You can file a petition beofre the same court for the custody of the child too.

Advocate Sindu R Kurup LawRato