What are steps to file for divorce if marriage is not registered?


If you r marraige is not registered then Absence of registration of marriage does not make it illegal. Your marriage is valid for all the legal and practical reasons. Though it is mandatory to regoster your marraige but you can pay fine and register it, there is no provivon to nullify it. you can file petition for mutual divorce as you both doesnot wnatto stay together. it is a legal process. if your parents are not allowing you or u want to stay on different olaces you can file judicial separation, judicial separation is not divorce. in judicial separation is passed by court, here your marraige is not dissolved but you can stay on different places.

Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation.spouse intending to dissolve marriage are required to wait for at least one year from the date of marriage.

They have to show that they have been living separately for a period of one year or more before the presentation of the petition for divorce and that during this period of separation they have not been able to live together as husband and wife.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. So in case of divorce by mutual consent, it usually takes 18-24 months

As you are not working Sections 24 and 25 make provision for maintenance to a party who has no independent income sufficient for his or her support, and necessary expenses. This is a gender-neutral provision, where either the wife or the husband may claim maintenance. The prerequisite is that the applicant does not have independent income which is sufficient for her or his support, during the pendency of the lis. your wife can only claim on your self acquired property not on ancestral property.

Reference: section 13B Hindu marraige act 1955



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