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Will the divorce deed of the unregistered marriage be valid?
30-Oct-2023 (In Divorce Law)
Hi, I’m awaiting divorce and came across a person on Matrimonial site (he claims to be divorced). He says his earlier marriage lasted for 10 days as she was a drug addict (though that marriage wasn’t registered, it was in Gurudwara). Then he flew back to U.A.E. and got back to India after 4 years. He then filed a divorce but she dint turn up to the court hearing. So apparently the court said that his marriage wouldn’t be considered a valid one as it was not registered. And in order for him to remarry, the lawyer made a divorce deed n signed on her behalf. Is this a valid one? I need to know to take this forward. Please help and thanks in advance!
Dear Madam,
No. The divorce deed prepared and signed by the lawyer on behalf of the girl is not valid. Only a divorce decree granted by a family court is valid. The court will never say that since the marriage is not registered, it is invalid. Therefore, the fact that the marriage is not registered does not make the marriage null and void. Beware of this person who is trapping you for marriage with vague explanations. Ask him to obtain a valid decree of divorce from the court before you decide to marry him.
No. The divorce deed prepared and signed by the lawyer on behalf of the girl is not valid. Only a divorce decree granted by a family court is valid. The court will never say that since the marriage is not registered, it is invalid. Therefore, the fact that the marriage is not registered does not make the marriage null and void. Beware of this person who is trapping you for marriage with vague explanations. Ask him to obtain a valid decree of divorce from the court before you decide to marry him.
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Adv. B. Srikiran
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Is the validity of Hindu marriage without registration?
The personal marriage laws do not include such a mandate. The marriage is valid if all rituals are followed as per the personal laws. According to Section 8 of Hindu Marriage Act 1955, the provisions relating to marriage registration are stated.
What happens if a marriage is not registered?
Marriages that are not registered do not become illegal. Marriages without registration are perfectly legal. 2. You can only dissolve your marriage legally and practically if a court issues a divorce decree.
What are the consequences of non registration of marriage?
If you do not register your marriage after Section 8 of the Hindu Marriage Act of 1955 comes into force, it is punishable by a fine of up to Rs. 25/-. If the entries arent made, both spouses could be punished. 13-Oct-2023
Is marriage legal in India without registration?
Marriages may be registered under either the Hindu Marriage Act of 1955 or the Special Marriage Act of 1954. A marriage certificate is valid proof of a couples marriage for both types. The Supreme Court mandated marriage registration in 2006 to protect womens rights. 03-Apr-2023
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