Void marriage or mutual consent divorce

1.    The advice which you have got from local ld. brothers is not right. They are probably not aware that in a Court Marriage or for that matter before a Talati no “sat phera” / “exchange of garlands” / tying mangalsutra” ever takes place at all. All that happens is after verification of documents and after due verification Marriage Certificate are issued which is within power of a Taliti, but he cannot conduct a marriage ceremony at all in his presence.

2.    It is a valid marriage that you have done with this person. Dissolving it is possible only if "no s*x" has taken place from day 1 and both sing about this fact and secondly since "day 1 of marriage you are not living (cohabiting as husband and wife) with this person" and under “extreme hardship” grounds this marriage can be dissolved. There are judicial precedents to such effects.

3.    For effecting Para 2 you need a seasoned advocates blessing. Find one via reference and see to it that above mentioned two conditions are attributed to facts jointly by both parties.

4.    Mutual Consent Divorce can be opted but 1 year post marriage should pass. It can also be done using above two extreme hardship grounds before 1 year of marriage.

5.    However, marriage is not a joke and should not be rushed to dissolve in such hurry. Rest taking legal remedy for dissolution of marriage as choice is all yours to take. 

your marriage is registered and you got certificate which is valid in legal 

about taking divorce minimum one year is concluded to take divorce or if there is no s*x..... then you can apply for void of marriage with that marriage certificate 

and if you take marriage like this then there is no saat phere and only in arranged marriages and arya samaj marriage there is a procedure done and in office there is no such procedure 

hi,

I am advocate Sujata M Bhagat, I'm handling only family matters.If any help call me my mob.no. 8108645124

Regards

Adv.Sujata M Bhagat

if required ceremony  of marriage applicable to parties  is not performed ,it is no marriage in the eye of law, mere registration of the marriage   cannot be regarded as a valid marriage , if some doubts persists ,you can file a suit to declare that there is no legal marriage  between the parties ,  a negative declaration  can be given  in case of status of parties 

I agree with my learned friend Advocate Mr. Pandya; however, if marriage was performed under coercion and the same was not consummated, a petition for declaring the marriage as null and void may be filed within one year from the date of such knowledge and if one year period has passed, a petition for divorce under mutual consent may be filed ; 

I agree with my learned friend Advocate Mr. Pandya; however, if marriage was performed under coercion and the same was not consummated, a petition for declaring the marriage as null and void may be filed within one year from the date of such knowledge and if one year period has passed, a petition for divorce under mutual consent may be filed ; 

Agreed to the opinion of Tajobsindia...