Vijay Raj Mahajan (Advocate) 02 June 2018
Hindu temple marriage is valid if all the customary rites and ceremonies applicable to either of the party has been performed. The registration of Hindu marriage under section 8 of the Hindu Marriage act, 1955 is not complusary and if the Hindu marriage is not registered it will not be invalidated if all the necessary customary rites and ceremonies applicable to parties have been performed.
The south Indian Hindu marriage, which applicable to the parties need not be having Saptapadi, namely taking of 7 steps along the sacarad fire but there are other customary rites and ceremonies, if those have been performed in your case, than it is valid Hindu marriage which can be dissolved by decree of divorce by ether mutual consent of both or otherwise.
The petition for divorce will be entertained after 1 year of marriage as provided under section 14 of the HMA, so you both have to wait even to file for divorce by mutual consent for 1 year as that will even serve as period of 1 year separation as required under section 13B of the HMA. The waiting or cooling period of 6 months after filling petition for divorce by mutual consent can be got condoned as there exists exeptional circumstance in your case and get the decree of divorce without further waiting of 6 months.
Adv. Monika Taparia 02 June 2018
shasha jain 02 June 2018
shasha jain 02 June 2018
M.A.T.Ganesan (lawyer civil &family laws) 02 June 2018
I agree with Vijay.
Anyhow you both sit and talk.Your problems will be solved