Can we marry without getting divorce if it’s not registered and both parties agree to part away with a written bond agreement and marriage is not registered?

Community Forums Legal Advice India Can we marry without getting divorce if it’s not registered and both parties agree to part away with a written bond agreement and marriage is not registered?

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    • #56081 Reply
      User_e1464e02
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        User_e1464e02
        PARTICIPANT
        February 11, 2025 at 7:34 am
        Hi all, my sister got married 3 months back and the marriage didn’t last, for whatever reasons we don’t want to continue with the marriage and would like to part ways. We made a written bond agreement to agree on not being together with all the family members and others as witnesses. Now my father wants to find a match for my sister. I am saying divorce is needed even if the marriage is not registered.

        Please give suggestions πŸ™

      • #56087 Reply
        User_56203da6
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          U
          User_56203da6
          PARTICIPANT
          February 11, 2025 at 8:39 am
          NAL. But I think you are officially ‘married’ if all the rituals are completed(at least in Hindu based marriage). So I think a valid divorce filling is needed.

          [https://indiankanoon.org/doc/508426/](https://indiankanoon.org/doc/508426/)

        • #56086 Reply
          Kajalguru526
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            K
            Kajalguru526
            PARTICIPANT
            February 11, 2025 at 9:00 am
            Yes needed

          • #56085 Reply
            Luckysachin9844
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              L
              Luckysachin9844
              PARTICIPANT
              February 11, 2025 at 9:58 am
              Not getting marriage registered doesn’t mean marriage is not valid. She needs to get divorced else the 2nd marriage is void ab initio. I.e. zero to start with !

            • #56084 Reply
              User_44aeded4
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                U
                User_44aeded4
                PARTICIPANT
                February 11, 2025 at 10:16 am
                If 7 pheras were done and there are pictures to prove that, then you need a divorce first then remarryΒ 

              • #56083 Reply
                User_666da7c9
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                  U
                  User_666da7c9
                  PARTICIPANT
                  February 11, 2025 at 10:35 am
                  Nope. That is illegal.

                  You will have to get a mutual consent divorce first and only then can you marry. It’s not even about marriage registration, if you get married with this person she won’t be your legal nominee and neither will your children have any inheritance rights.

                • #56082 Reply
                  Indiangargi2466
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                    I
                    Indiangargi2466
                    PARTICIPANT
                    February 11, 2025 at 5:34 pm
                    Based on the recent SC judgement where wife was given maintenence from 2nd husband but want formally divorced from the 1st husband where SC said “maintenance is the legal and moral duty of the husband” one can think they are in a way giving legal recognition to such marriages.

                    But better to go with divorce first

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