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Renuka (Proprietor)     07 July 2014

Marriage without registration

One of my friend got married to her uncle at the age of 17 according to their caste rituals but not according to Hindu Rituals with pheras and al.Her marriage was not registered.she only lived for 4 years with her would be out of fear of her parents and society but had 2 children.After that due to misunderstanding and irresponsibility of her husband in giving her love and safety for her and children they were seperated for 15 years and they have no contact.Now she wants to go for second marriage,in this case would she need a divorce?



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 7 Replies

deepakrao (DIRECTOR)     07 July 2014

yes she need divorce from first marriage after that she will be free

kavksatyanarayana (subregistrar/supdt.(retired))     07 July 2014

YES.  SHE SHALL GENT DIVORCE FROM A COURT OF LAW.

Laxmi Kant Joshi (Advocate )     07 July 2014

Yes she have to obtain divorce decree first and only then she can do legally re marriage , if she will not do so then her husband will file a criminal case of bigamy u/s 494 ipc against her, and also according to section 11 of hindu marriage act her second marriage will be declared as null and void.

Renuka (Proprietor)     07 July 2014

But Sir her marriage was not registered andit was out of force of her parents.And also she was only 17 when she got married.Another point is uncle marrying a niece is also an offence i believe.

Renuka (Proprietor)     07 July 2014

Can she go for annulment of Marriage?

 

Gani (No)     10 July 2014

The marriage is valid even not registered if it happen with witness. I read this in some of the old cases in lawyersclubindia site. So need to get divorce before remarry.

kavksatyanarayana (subregistrar/supdt.(retired))     20 July 2014

divorce shall be from a court of law.


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