Reg. getting divorce

Querist : Anonymous (Querist) 06 June 2010 This query is : Resolved
But the Lawyer , we have hired for the Divorce case has suggested us that there is no need of getting divorce since this marriage has not registered anywhere .

Your lawyer is absolutely wrong and has given a bad advise.

1. Do I need to get divorce from him for my safe future.

Absolutely yes.

2. If yes, where can I file divorce case against him ..in Civil court or Arya samaj.

In civil court.

3. If no, can I re-marry in future without getting divorce from him.

Not advisable since you are inviting trouble.

4. What are the procedures of getting divorce .

Talk to your husband for mutual consent or you will have to contest the divorce.

5. Can he file any case against me ,if I remarry somebody without getting divorce from him .

Absolutely yes for bigamy.

Thankx a lot sir for reply

Kindly advise me Reference or Law section under which i can file case of Divorce ..

Please reply..

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A V Vishal (Expert) 06 June 2010
Divorce under the Hindu Marriage Act 1955 can be obtained on the grounds of Adultery, Cruelty, Desertion for two years, Conversion in religion, Unsound mind, Suffering from venereal disease and/or Leprosy has renounced the world not heard for 7 years no resumption of co-habitation for one year after the decree of judicial separation, no restitution of conjugal rights for one year after decree for restitution of conjugal rights, Husband guilty of rape, sodomy or bestiality and if after an order of maintenance is passed under the Hindu Maintenance and Adoptions Act or the Criminal Procedure Code there has been no cohabitation for one year.