GANESHAN PILLAI (HEAD FINANCE & ACCOUNTS) 26 September 2011

Marriage in temple without registration

One of my male relatives got married in Dec 10. However he has not registered the marriage. The bride was found from a marriage website. She appeared to be sober and intelligent before marriage. However after two months of marriage she started causing fight, started suspecting that he had some affairs with somebody else. She is also alleging that they have no physical relation inspite of him confronting before the elders.

She behaves very erratically and badly behaves with him, his mother and other family members.

My male relatives is frustrated and do not want to continue the marriage relation, however she is eyeing the house property share and annulity.

At present they are staying separately for the last couple of months. Please advise whether how can the divorce take place and whether she is eligible for the share of property which is co-owned by his mother and brother and what type of maintenance be paid to her.

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2 Replies

Tajobsindia (Senior Partner ) 26 September 2011

1. Your relative can will as per his desire his share from the co-owned property. This will take care of future alienation of her interests from co-owned property of her husband..

2. She may seek residence rights under provisions of newer family Laws which needs to be taken care diligently.

3. If she has interest in share and alimony then she is clear what she ants out of this marriage. Such cases can always be brought across table and brought half way reasonably in limitation period to apply jointly under Mutual Consent Divorce

4. Suggest to have in-chamber discussion on Mutual Consent Divorce with local Adv. dealing in family laws but after para 1 following.

5. How much maint. she will get depends upon the status of the couple and future needs / her re-marriage and associated factors but if Mutual Consent Divorce opted after due diligence then it could always be met as one time alimony with all past, present and future maint. taken care and during in-chamber discussion these could be understood.