Srikanth 28 March 2016

False marriage date for mutual divorce

I got married before 5 months. Because of unbearable issues we have decided to take mutual divorce. But as per procedure we should have stayed separately for 1 year to apply for divorce and 6 months reconciliation period after applying for mutual divorce. But in my case it is only 5 months and we need to wait for another 7 months to apply for divorce. It is certain in our case we are not going to live together and would like to apply for divorce as early as possible. So my question is, our marriage is not registered and what is the proof that we got married in so and so date. Can we give a false marriage date that is more than one year from now and apply for mutual divorce immediately? In this case we will have to wait for just 6 months reconciliation period.

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3 Replies

Vijay Raj Mahajan (Advocate) 28 March 2016

Why take wrong step in legal matters, because the marriage that was solemnized 5 months back technically will remain intact and the non-existing marriage that you will state took place one year back will get dissolved by decree of divorce.

Wait for one year to complete and then apply for divorce by mutual consent.

Otherwise move application under section 14 of the Hindu Marriage Act,1955 seek permission of the Family Court to entertain the divorce petition now as the final order and decree of divorce will be by all means will made after one year of marriage. Delhi High Court case law will be helpful in this regard.

Attached File : 8784 20160328130127 66034436 dhc for mcd without 1 year separation.pdf downloaded: 118 times

Advocate Ram Prasad (Chief Lawyer) 30 March 2016

I agree with Sri Vijai Raj Mahajan more over a Decree obtained by playing fraud on the Court is a Nullity n Ur wife can reopen d issue on this ground if she pleases to harass u in future. Cell+91-91777-22930

Mukesh sharma (job ) 28 April 2016

Hi you say that if we need not register our marriage than its not legally prove but its not true coz in hindu marriage act sectio8. Registration of Hindu Marriages.-(1) For the purpose of facilitating the proof of Hindu marriages, the State Government may make rules providing that the parties to any such marriage may have the particulars relating to their marriage entered in such manner and subject to such condition as may be prescribed in a Hindu Marriage Register kept for the purpose. (2) Notwithstanding anything contained in sub-section (1), the State Government may, if it is of opinion that it is necessary or expedient so to do, provide that the entering of the particulars referred to in sub-section (1) shall be compulsory in the State or in any part thereof, whether in all cases or in such cases as may be specified and where any such direction has been issued, and person contravening any rule made in this behalf shall be punishable with fine which may extend to twenty-five rupees...... sir as you wait your court order.