Online Copyright Registration in India

Protect your creative work
Books, Songs, film, websites, Software, painting, fashion Design etc
Call now: 09891244487

Ask Our legal Experts, on issues related to Divorce

File Mutual Consent divorce right away

Call at ph no: 9650499965
Search On:Laws in IndiaLawyers Search

Author Topic: Legal marital status!  (Read 521 times)

0 Members and 1 Guest are viewing this topic.

Offline Santhosh ayalur

  • Newlaw
  • *
  • Posts: 1
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Legal marital status!
« on: January 24, 2016, 12:27:57 PM »
1. I am Indian, male from Tamil Nadu.
2. I'm married a Portuguese citizen in India according to Hindu customs about 4 years ago . She is Catholic but never converted to Hinduism.

3. Neither did we give any notice of intended marriage according to Sec. 5 of the special Marriage act 1954 nor did we register our marriage anywhere else.

We are now separated mutually (not legally) and living separately for about 2 years.
1. So our first question is what is our legal Status. (married or not married)?

2. According to Sec.15 of the Special marriage act:
Registration of marriages celebrated in other forms:Any marriage celebrated...if the following conditions are fulfilled, namely:"
a. a ceremony of marriage has been performed between the parties and they have been living together as husband and wife ever since;

While the marriage ceremony took place we have not lived together for 2 years!  So are we considered married legally. If yes, please mention according to which section and how?

3. The real thing is, while we have decided to part ways, can we go on with our lives or should we get a divorce. If yes, considering we are living abroad in two different countries, can we file for divorce outside of India?

Hoping for a clear answer.

Thanks a lot in advance
p.s. I was a law student, so I do follow legal terms. So please mention the section you are using to give your opinions! Thank you!

Offline advuma

  • Veteran at Law
  • *****
  • Posts: 245
  • Karma: +12/-5
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: Legal marital status!
« Reply #1 on: January 25, 2016, 03:30:58 AM »
To obtain a divorce decree. The court has to be convinced that you both are married.

Can your situation bw sufficient to prove that both are married.
To find that out file in court for mutual divorce.

Let the court direct you.

Since your marriage is not registered and Hindu marriage act I applicable only in India.

I doubt any court outside India will be able to validate your marriage hence divorce decree will surely not be granted.
if u like my posting plz submit your comments

Hi, I am advocate Uma Saika, from Assam


File a Consumer Complaint
Property verification
Call: 9873628941

Lawyers in India - Listed city wise Mumbai
lawyers in London
lawyers in Birmingham
lawyers in Toronto
lawyers in Sydney

lawyers in Milan

Delhi - New Delhi
lawyers in New York
los Angeles
lawyers in Dhaka
lawyers in Dubai

Copyright Registration

Ph no: 9891244487

For Mutual consent Divorce in Delhi - Ph no: 9650499965

Home | Bare Acts | Law Forms | Supreme Court Judgments | Legal Advice | Lawyers | Submit article | Sitemap | Contact Us

legal Service is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2016
Get Free legal Advice here from top notch lawyers in India