Nayha (Manager) 21 August 2014
Dear,
I am married from last six years. I did marriage in arya samaj mandir, But from the date of marriage we are not living together. Because we did secret marriage. Our family members do not know about the same. But now we do not want to continue our relationship. Some one told me that. After marriage if we do not live together for certain time period. Marriage will be terminated. Is it right? or what can we do to end our marriage relationship.
Tajobsindia (Senior Partner ) 21 August 2014
1. The brief falls under Hindu Personal Law i.e. HMA (Hindu Marriage Act).
2. What you heard was a half whisper. If a person is missing – not heard of from last 7 years then after producing such proofs Court grants Divorce to Applicant person.
3. In your case my suggestion would be to hire local Advocate and ask him to file Mutual Consent Divorce and your legal spouse should be present at Court during First Motion Statement and during Second Motion Statement which comes after 6 months and after Court has verified the Statements marriage is declared as Divorce under Mutual Consent. This is easier and legit way to end hide-seek legal marriage as mentioned in your brief compared to para 2 which will be hard to prove and time consuming too and may be she may comeback during such proceeding to claim you as her legal husband because Arya Samaj marriage exists between you too which is legal in eyes of Law.
4. Discuss with local advocate above advice and act sensibly.
[Last reply]
Suneet Gupta (www.vashiadvocates.com) 22 August 2014
Marriage cannot be annulled or declared void because of not staying together as husband and wife. However, you can file for divorce on this ground. Please file for divorce as advised above, by the learned advocate.
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