Legal Question in Family Law in India
Sir,
I want to know that if the marriage done in hindu tradition and not registered. After marriage we live together for 3 months. After that we are living apart. After how much time period of separation this marriage will be considered as dismiss or cancelled?
Thanks in advance.
4 Answers from Attorneys
The marriage though not registered does not get dismissed or cancelled (annulled) on its own.
It can be dissolved only through court Order.
Hindu Marriage Act mandates that a divorce petition is filed only after a period of one year since the date of marriage. However, petition for dissolution within a year of marriage is permitted under exceptional circumstances.
Vimal, Advocate, Pondicherry Ph:934551022
The marriage once performed is NEVER considered 'dismissed or cancelled' unless one of the spouses is not heard for more than seven years and a declaration is sought for his/her 'civil death'.
you need to file a petition for divorce and also need to move an application u/s 14 of hindu marriage act for waiver of filing period of one year since the date of marriage. talk to her in case she is ready for a divorce by mutual consent.
you will have to apply for divorce.
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