Divorce when marriage is not registerd
Priya
(Querist) 13 April 2013
This query is : Resolved
hello,
Its been 5 months of my marriage,and me and my husband have compatibilty issues from each other and we have mutually decided to take divorce.
Our marriage has not been registerd yet.
Kindly help us with the procedure, how we can get divorce asap. Since I have my own business I dont want any alimony from him.
Plz advise
Thanks
Priya
Advocate M.Bhadra
(Expert) 13 April 2013
No need to registration of your marriage,when marriage admitted then you can file a Divorce suit on mutual consent with your husband.Contact with a local matrimonial lawyer
Section 13B in The Hindu Marriage Act, 1955
Divorce by mutual consent.
(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws Amendment Act, 1976 , (68 of 1976 .) on the ground 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 thy have mutually agreed that the marriage should be dissolved.
(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub- section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.]
RAKHI BUDHIRAJA ADVOCATE
(Expert) 13 April 2013
Dear Author,
As per law no one can file a divorce petition within one year of his/her marriage.
ajay sethi
(Expert) 13 April 2013
wait till period of 1 year has elapsed from date of your marriage . even if marriage is not regd you cna get a divorce after expiry of one year . contact a marriage counsellor to try to save your marriage
Raj Kumar Makkad
(Expert) 13 April 2013
Nothing to add more in the given replies.
