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How to file a dissolve a non registered marriage
19-Jun-2023 (In Family Law)
Hi, My name is Kevin. I had a traditional marriage with no registration done with my ex in India. However, we have decided to seperate and we haven't been living together for more than a year plus. Now I wish to start a fresh life in a new country with my current girlfriend. We are going to register our marriage in that country. We have set our registration to take place in a month's time. However, because of my past complication, the registry of marriage is requesting that I get a judge order from India's court stating that my traditional marriage has been dissolved. How do I go about doing this? And can the process be quicken, say about one week or so? Pls advise. Thank you.
Irrespective whether your marriage is registered or not you will have to seek divorce from your first wife. In the absence of which your second marriage is void. The process is very easy now and can be done quickly. Plz contact me for further assistance
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Adv. Paras Anand
Delhi | 100+ Answers
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Even if your marriage is not registered then also you will need a divorce decree from the court so as to dissolve that marriage in a legal manner. If you are hindu and your ex is also hindu and both of you have got married according to the hindu traditions then your marriage will be dissolved under section 13 of the Hindu Marriage Act; But if you are not hindu and you didn't got married under the procedure of Special Marriage Act. Then you will need to file a "Suit for Declaration" in India for Declaration from the court that your earlier marriage in India was invalid due to not being conducted under Special Marriage Act and same does not exist in the eyes of law.
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Adv. Ankit Tuli
Delhi | 25+ Answers
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The courts in Delhi are currently on its vacation. So you will only have to proceed with a mutual divorce after 2nd of July.
Further it is important for you to specify the marriage and traditions/customs you follow, so as to adjudge how long the entire process is going to take.
Further it is important for you to specify the marriage and traditions/customs you follow, so as to adjudge how long the entire process is going to take.
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Adv. Abhisree Saujanya
Delhi | 25+ Answers
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Hello Kevin
you obviously has to get desolution of marriage from indian court, it is again pertinent to note here that legally you cannot marry again during the life time of your spouse untill you get valid divorce from the competent court of law.
however marrying again in different country may not be punishable in other country but in India it is punishable and will be considered as offence of bigamy.
So you have to take divorce first
Please feel free to contact me
Sandeep Saini
Advocate
you obviously has to get desolution of marriage from indian court, it is again pertinent to note here that legally you cannot marry again during the life time of your spouse untill you get valid divorce from the competent court of law.
however marrying again in different country may not be punishable in other country but in India it is punishable and will be considered as offence of bigamy.
So you have to take divorce first
Please feel free to contact me
Sandeep Saini
Advocate
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Adv. Sandeep Saini
Delhi | 100+ Answers
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Hello
This is not possible to obtain a divorce decree from the court in such a short period.
First you have to tell whether the other party is willing to go for separation.
Hello
This is not possible to obtain a divorce decree from the court in such a short period.
First you have to tell whether the other party is willing to go for separation.
This is not possible to obtain a divorce decree from the court in such a short period.
First you have to tell whether the other party is willing to go for separation.
Hello
This is not possible to obtain a divorce decree from the court in such a short period.
First you have to tell whether the other party is willing to go for separation.
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Adv. Mohit Rana
Delhi | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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