Separation
6 years ago
Hi sir, I need to know what is the procedure to separate. We have a small 1 yr old girl baby but nowadays lots of problems in our relationship. There is no peace in our marriage life. We need to separate from our marriage life. We got married 2.5 yr ago. But we didn't register our marriage so I need to know what is the procedure to do. Kindly let me know
Deepak Yashwantrao Bade
Responded 5 years ago
A.dear client in your case you both want to separate from each other, then you may do so by filing a divorce petition with mutual consent.
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SUMSON .T.S
Responded 6 years ago
A.Though you have not stated your religion u can file a divorce petition by mutual consent.IN someplaces the certificate of customary marriages issued by religious institutions are also permitted as document for filing mutual consent.you can either settle the monetary and maintaince issues for the child or can approach the concerned family court.
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A.Dear, if you had stated your religion it would have been better for me to give you the right suggestion. Anyway, the Separation Agreement does not hold a plausible ground regarding validity or enforceability under the Indian Legal System. Though Judicial Separation is stated under section 10 of the Hindu Marriage Act. Although, you can file a divorce suit for this matter in your family court or district court and if both the parties agree mutually then the procedure and the time frame could be lesser than the competitive divorce case between a husband and a wife. Regarding your child, he/she is below the age of 5 years so the custody of the child will automatically go to the mother.
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Ashish K Dongre
Responded 6 years ago
A.Non registration no issue, file for mutual consent divorce, mutually agreed for custody of the child and other legal obligations if any.
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Johnson Thangiah
Responded 6 years ago
A.Sir,
Your marriage is not duly registered(You may Hindu,Muslim or Christian) and it is no problem your daughters birth certificate is enough for establishing facts of your relations with your husband.Your husband is legally bound to maintain you and your child.So you first take steps to get maintenance from your husband then all problem will be solved.
Your marriage is not duly registered(You may Hindu,Muslim or Christian) and it is no problem your daughters birth certificate is enough for establishing facts of your relations with your husband.Your husband is legally bound to maintain you and your child.So you first take steps to get maintenance from your husband then all problem will be solved.
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Ambrose Leo
Responded 6 years ago
A.The procedure is simple if both are agreed to separate by mutual consent and amicably settle because there is a child in the relationship.It is better to consult a Family Court Lawyer to guide you & help you for legal separation .
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