How can I file for divorce without registration and claim support for the suffering and financial loss I faced?

Dear client, based on the details provided it is evident that the marriage has taken place and there was no registration done for the same. Kindly note that non-registration of the marriage will not affect the validity of the marriage itself and further divorce needs to be taken to avoid any future legal complications. The divorce can be taken on the grounds of cruelty and desertion further non-registration of the marriage will not bar us from filing a case under the Domestic Violence Act, 2005. This was held in a apex court judgment ( Dhanraj s/o Tukaram Shirsat VS Shalini d/o Kisan Wankhade).

Kindly reach out to us for further discussions.

In India, a marriage solemnized through traditional Hindu rites (like saptapadi, fire rituals, etc.) is legally valid under the Hindu Marriage Act, 1955 — even if it's not registered with the marriage registrar. Legal registration is not mandatory for initiating divorce proceedings. Compensation for Cruelty under Domestic Violence Act, 2005 You can file a Domestic Violence (DV) Complaint and seek: Protection order (from harassment or further abuse) Monetary compensation for physical/mental trauma Medical expenses, if any

Registration of marriage is merely a formality but non registration of marriage does not invalidate a marriage nor registration of marriage validate invalid marriage. Marriage performed by ritual is valid in law and non registration does not effect validity of your marriage. You can file divorce on the ground of cruelty etc. and can also claim maintenance and litigation expenses etc. You have every right to live in your matrimonial house. Consult a competent lawyer and proceed to file divorce case etc. under his guidance.  

Dear client,

Yes, you can file for divorce even if your marriage is not registered. As long as it was done through proper Hindu rituals, it is legally valid. You can file for divorce in the family court where you live now or where you last lived with him.

You can also file a domestic violence case for the abuse you faced. In that case, you can ask for monthly maintenance, compensation for the injuries, and help with the loan you took for the marriage. The court can order him to support you financially.

Your next steps should be: file a domestic violence complaint in your local court and then file for divorce. You can do this with a lawyer or apply for a free legal aid lawyer from the court. Keep all your proof safe, like injury photos and loan papers.

 

I hope this answer helps, in case of further queries, please dont hesitate to contact us.

Yes, you can file for divorce even if your marriage was not legally registered, as long as the marriage was performed according to proper religious or customary rituals. Under Indian law, especially the Hindu Marriage Act, a ceremonial marriage is considered valid even without official registration, and you are entitled to seek legal remedies.

Support or Compensation:

Yes, you can claim support and compensation in the following ways:

Domestic violence: You can file a case under the Protection of Women from Domestic Violence Act for emotional, physical, or financial abuse.

Maintenance: Under Section 125 of the CrPC or relevant personal laws, you may claim monthly maintenance from your spouse.

Loan burden: If the loan was taken in your name due to coercion or abuse, and you have evidence, it can be raised during proceedings and possibly addressed in a civil or criminal case.

Legal Steps to Take Now:

Consult a family lawyer immediately to understand your rights and prepare documentation.

Collect evidence of abuse (messages, photos, witness statements, medical reports).

File a domestic violence complaint if applicable.

Proceed with filing for divorce—either mutual or contested.

Seek interim relief for maintenance or protection through the court.

you can file both Divorce and maintenance. divorce can be filed even if it is not registered.

Thank you for sharing your concerns. It’s important that you consult a family law expert at the earliest. A marriage performed through customary or traditional rituals is legally recognized even without formal registration, making you eligible to file for divorce. Given the circumstances, including the abuse and financial strain from the wedding loan, especially if supported by photo or video evidence, you may also have valid claims for maintenance and compensation. A lawyer can assist you in taking the right legal steps, from initiating divorce proceedings to securing the documentation and evidence needed to pursue your entitlements.

Without registration also you can file petition