Divorce Related

2 years ago

I got married on 8th Feb 2021 and we stayed together till 27th Feb. On 27th Feb she went to her parents place in Jalgaon and planned to return back in a week.
However things turned for worse once she reached Jalgaon. There were constants fights and arguments over phone and watsapp chats between us on financial and other aspects as we both have different cultural background. Now she has refused to return back and has also started to search for a new partner over portals like Jeevansathi.

Ours was a marriage at Arya Samaj Mandir in Indore while it was not registered anywhere. Am based in Delhi while my wife is from Jalgaon.
I want to understand since Arya Samaj mandir is not registered do we still require a Mutual divorce through Court and would have wait for an year to initiate the process or is there any fasttrack process available.

Her personal belongings are at my home and i have asked her to take it back basis convinience since there is lockdown currently in Delhi and Jalgaon both.
Pls suggest

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Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.Aap one years se pahle divorce petition dakhil nhi kar sakte hai. Vaise supreme court ki kai finding h ki one years se pahle dakhil kar sakte hai. But vah court par depend karta h ko vah un rulling ko consider kare ya nhi.

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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
Unless there is a ground of non consummation of marriage etc. You cannot file divorce within one year. There after go for mutual consent divorce other wise you may not get divorce.

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Boornima Balaganesan

Responded 2 years ago

A.First send her legal notice through your advocate or else there are chances for her to file a criminal complaint and then you will be in a critical situation.Send notice stating the facts of above and file a case for divorce at the earliest. Whatever be the course of marriage divorce either contested or mutual has to be obtained only through court of law.

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Tanmoy Chattopadhyay

Responded 2 years ago

A.Arya samaj is included in Hindu for the purpose of marriage. Now if the ceremony is otherwise completed which in case if it includes saptapadi then its compulsory then non-registration will not affect the validity of the marriage. If you or she has proof of the marriage having properly solemnized then divorce is the only option which you statutorily cannot file until one year of marriage but there are exception which I wont deal in here. Now in case you want to get rid of the girl early and in case you have the proof that you haven't went through the whole ceremony required under the custom to make it a valid marriage then you can file for the declaration of the marriage as void.For this there is no statutory requirement of waiting period and once you file and proof the factum pleaded and establish them you are eligible to get it declared void and thereafter take your own course and marry someone else or whichever path you want to choose.

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Vaidehi Samant

Responded 2 years ago

A.You are suggested to go for annulment of marriage whose procedure is same as to that of divorce but you will require to establish before the Court that no marital bond existed between you both even after marriage during the time you both stayed together.

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Sidhaarth

Responded 2 years ago

A.Marriage in Arya Samaj Mandir is valid for all purposes. Non registration of marriage does not invalidate your marriage. Till expiry of one year from the date of marriage this marriage and marital relation cannot be dissolved by way of divorce. For filling my divorce case one year must required to be lapsed. Details required to suggest remedy.

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Anik

Responded 2 years ago

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A.Hi,
The marriage has been solemnized as per Hindu Custom and Rituals. Unrecognized arya samaj mandir is of no consequence. In order to proceed with divorce, you need to wait for 1 year. It is a statutory requirement prescribed under the HMA.
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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.The marriage has been solemnized according to the Hindu rites rituals and therefore the fact that it has not been registered does not affect the validity of the marriage. After atleast one year separation period,if you and your wife do not wish to continue the marriage then you may file for mutual consent divorce after drawing up the consent terms.Please take note that your wife's personal belongings being her Stridhan,have to be returned at the earliest keeping written record of the same by both parties.Divorce proceeding can either be at Delhi or at Jalgaon or at Indore.

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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
The marriage would be considered as a valid marriage in the eyes of law, if the age and consent of the parties were proper, and there are evidences of the marriage such as photographs and witnesses. In such case, you will have to wait for 1 year, before filing a divorce motion.
If the marriage is invalid, due to age or consent, then the divorce petition can be filled right away.
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Abhimanyu Shandilya

Responded 2 years ago

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A.Yes you will have to take divorce regardless of whether is arya samaj marriage or other otherwise and you will have to wist till one year of marriage is over. No, there is no fast track method except the MCD.

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