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John Doe   21 November 2022

Query regarding divorce

Last year my sister got married but within 45 days due to some misunderstanding they got separated. we legally didn't register the marriage. now it's been a year do we need to apply for divorce or we should leave it as there was no registration. kindly help me with your legal advice

thanks in advance


Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     21 November 2022

When the couples agree to a divorce, the courts will consider a divorce with mutual consent as per. Section 10A of Indian Divorce Act, 1869, requires the couple to be separated for at least two years, the couple only needs to provide that they have not been living as husband and wife during this period.

P. Venu (Advocate)     24 November 2022

Even though the marriage was not registered, the marriage still subsists. As such, law requires that divorce proceedings, preferably divorce by mutual consent be obtained. 


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