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Wife wants to file a case for divorce husband not ready for divorce


05-Dec-2023 (In Divorce Law)
Am from Mumbai got married in the year 2012 and was settled in Kerala. My husband introduced himself as civil engineer after a year of marriage I came to know that he is jobless and everything he said was lie. He also has an affair with one Women He spends all his time with her and He didn't cooperated for marriage registration also. He said he will not do registration as its just a bits of paper. I have a kid now she is 5 yrs. I took her to Mumbai when she was 1 ur. Now I dnt want to continue my life with him just want to know if marriage is not registered can I marry anyone else without getting divorced from my husband
Answers (2)

Answer #1
889 votes
Mam
What kind of marriage did you both have? Are you both of same religion? Registration of marriage is not compulsory. Depending on your marriage ceremonies , if valid then you will have to first get divorced only then can remarry or else your subsequent marriage will be invalid. You can file for divorce and maintenance & custody of child in Mumbai since you & child reside in Mumbai now.
Answer #2
702 votes
No you should first of all file a divorce petition for getting a divorce against your husband and after passing a divorce order by the concerned Court you can able to marry with another person.
As per Hindu Marriage Act Without a divorce if you marry with another man then it is a crime as per Indian law

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