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.

Asked on 2/03/10, 10:39 am

4 Answers from Attorneys

vimal shanthilal Vimal Law Associates

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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

Answered on 2/03/10, 6:53 pm

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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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'.

Answered on 2/03/10, 7:34 pm

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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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.

Answered on 2/03/10, 10:33 pm

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