Is divorce necessary if marriage is not registered in India?

1) Yes , you both have to get separate legally by applying for divorce in the family court in India. 2) The marriage is legally done. As per Hindu law if a custom marriage is soleminzed, under sections 7, Hindu Marriage Act, 1955.

Is it important to get divorce if marriage is not registered?

Whether marriage registered or not, marriage can be dissolved by contested or mutual divorce. There is required only proof of marriage like card photograp etc. Mutual is easy way if both parties agreed.

Is marriage legal in India without marriage certificate?

7 Answers found. Marriage certificate is a proof that the particular couple is married and the marriage has been resigstered under various marriage acts’, ie. Hindu Marriage Act. If marriage is not registered then no need to divorce as there is no legal proof of marriage according to law.

What happens if your marriage is not legal?

An invalid marriage is, quite simply, a marriage arrangement that is not recognized as valid and legal by the law. Marriages that are found to be invalid may require an annulment instead of a divorce when the couple no longer wishes to be married, or when the marriage must be dissolved due to its invalidity.

Can you divorce in one year of marriage?

Divorce by mutual consent can be obtained within six months, but no petition in such a case can be filed within first year of marriage. There also has to be gap of six months between the first and second motions. The court can waive this cooling off period in some cases.

What are the divorce laws in India?

The Hindu Marriage Act,1955 governs the divorce for the Jains, Sikhs, Hindus and Buddhists. The divorce laws of Muslims are governed by Dissolution of Muslim Marriage Act,1939, the Parsis by Parsi Marriage and Divorce Act,1936, and Christians are governed by the Indian Divorce Act,1869.

Is a non-registration of marriage valid in India?

Though there exist provisions in Indian laws for registration of marriage, yet non-registration of marriage do not render them invalid or in simpler terms any different from a registered marriage except for the existence of an additional legal document in their support. Law regarding divorce are same, whether the marriage is registered or not.

What is the procedure to dissolve a marriage in India?

According to Section 10 of the Indian Divorce Act, 1869 after the solemnization of marriage the District Court can, based on the petition filed by either the husband or wife, can dissolve the marriage on the ground that the respondent : Has committed adultery. Has converted his religion and is no longer a Christian.

What is the custom of divorce in Hinduism?

The custom of divorce existed only among the lower castes. The Hindu Marriage Act of 1955 has recognized the right of a Hindu woman to divorce her husband.