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Vinay (eng)     01 March 2010

Mutual Consent

I got arranged married in Oct 2009. we were to register our marriage in few days.But before that soon after marriage we found that the girl was niether compatible to me nor to my family.
Soon afetr marriage she told that she just got married for sake of her parents.
GIrl worked somewhere else so she went back and never herself tries to contact me or my family which created irritation and tension for us.
We decided to ask that girl the prblems and slowly we made that family to contact marriage councellor
 
Coucellor view is also the same that we cant live together but parents of the the girl wanted more time
Now that girl is not living with me
We had never any physical relation
We have written few letters also to get separted by mutual consent but now theyhave even started skipping the councellor dates and they are not responding to our mails
Obviously now i dont want to register my marriage, is it necessary
Can u guide what and when shall be done to get separted sumhow and move ahead peacefully
If someone wants to remaryy in thiis kind of condiition can that family claim sumthing
 
Regards
 
 



Learning

 3 Replies

Suchitra. S (Advocate)     01 March 2010

Vinay, it is a valid marriage even if you dont register it, though registration of marriage is compulsory.  As per the facts, you both are not having any idea to live together. So, no meaning in registering it now. You can talk with the girl and file a case for divorce under mutual consent. It is the only option left for you. You dont have any grounds for filing for divorce on your own. Even for the ground of 'desertion' , both should be living seperately atleast for two years. And no other famlily or party can claim anything from you apart from your wife.

Vinay (eng)     01 March 2010

How do you ensure seperation for two years , do i have take any steps now to that effect or just wait for two years. do i need to do any documentation now ?

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     02 March 2010

I do agree with Suchitra.


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