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Legal validity of unregistered marriage of people living separately
20-May-2023 (In Family Law)
Hi .. my partner n I was thinking to marry . But he is already married but not registered. Her wife was too insecure n used to fight. Wife left him 2 years back with her child. She never let him to meet with his own kid.. he font even know where is she now.. she neither contact him for anything.. but might be she has a boyfriend but not married..Or might be dead please help with a solution how Is their marriage still valid? How can we proceed our marriage ? We both are hindus
If the marriage of your partner performed under hindu right and custom then he need to approach the hon'ble family court for dissolution of marriage under desertions . You should not marry untill your partner get divorce .if you do so he may be prosecuted for bigamy will get the punishment also .so better go for divorce under cruelty and desertion .. kindly contact for more details
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Adv. Varghese Salvan PS
Bangalore | 25+ Answers
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How many years separation to be automatically divorced in India?
To get a divorce you must show that the marriage has broken down because of one of five reasons: separation for two years with consent. You must prove the separation of at least two-years by showing that both spouses have lived apart for a minimum of two years prior to filing a divorce. 25 Nov 2022
Is it legal to marry without divorce?
In India, a second marriage with the first spouse without a divorce is illegal and forbidden. This is a punishable offense and can result in harsh penalties. In Section 5 of Hindu Marriage Act 1955, the conditions and circumstances that are required to make a marriage valid are outlined in detail.
What are the new rules for divorce in India 2023?
The six-month period of rehabilitation is no longer mandatory. ...
Irretrievable breakdown of marriage- A sufficient ground for divorce. ...
Now, maintenance is also available for relationships where the couple live together. ...
Adultery is not punishable.
What is the minimum period for divorce in India?
According to Section 13-B, parties must wait a minimum six months, and a maximum 18 months, before filing a second motion for divorce. 1 May 2023
Whether the marriage is registered or not, due to wedlock she got a son, Whether she is unsecured or secured is matter of opinion. As long as the matter of divorce is not settled with lady who has got a son out of wedlock, another lady cannot marry while first wife is living as per section 5(i) of The Hindu Marriage Act,1955.
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Adv. Edward D'souza
Bangalore | 25+ Answers
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Hello,
The validity of a Hindu marriage does not hinge on the registration of the same due to the fact that ceremonies conducted and evidence of the same (invitation card, photos) will constitute a valid marriage.
If both of you want to get married, that has to be done only after obtaining a proper divorce decree the from the Hon’ble Courts so that there is no fear of future litigation.
Unless the first wife is dead or is absconding (not seen) for more than 7 years, marrying without a divorce decree will just be a cosmetic solution and will haunt you later on during the subsistence of your marriage and even the validity of your marriage can be questioned at anytime and can be said to be viod ab initio. Please get proper help before you proceed and think about future problems and DO NOT accept any explanations that it will be alright. Even the inheritence of your children and yourself will come into question later on if there is any dispute.
The validity of a Hindu marriage does not hinge on the registration of the same due to the fact that ceremonies conducted and evidence of the same (invitation card, photos) will constitute a valid marriage.
If both of you want to get married, that has to be done only after obtaining a proper divorce decree the from the Hon’ble Courts so that there is no fear of future litigation.
Unless the first wife is dead or is absconding (not seen) for more than 7 years, marrying without a divorce decree will just be a cosmetic solution and will haunt you later on during the subsistence of your marriage and even the validity of your marriage can be questioned at anytime and can be said to be viod ab initio. Please get proper help before you proceed and think about future problems and DO NOT accept any explanations that it will be alright. Even the inheritence of your children and yourself will come into question later on if there is any dispute.
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Adv. Chandra Mohan K
Bangalore | 25+ Answers
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First you tell us how the marriage is performed is it the love marriage or arranged marriage, you are telling that it is not registered but were they staying together and for how many days and when she left seperation for how many days , its better to contact over phone or you can come to office.
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Adv. Rajendra Prasad N C
Bangalore | 25+ 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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