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Can I get a divorce without proof of marriage


03-Dec-2023 (In Divorce Law)

I am the wife and i need to file for mutual divore but my marriage is not registered and i dont have any proof as of now , to prove it. I have 2 children also from the marriage. Can i get a divorce without proof of marriage ? And also what all document should i attach with the divorce petition in 1st motion. ? I need to hire a lawyer also.

Answers (4)

Answer #1
874 votes
It would be better to hire a lawyer.
The proof of marriage is not very necessary and your statement ( and of course of your husband as well) on oath ( in affidavit to be annexed with petition for divorce with mutual consent) that you were married on so and so date will suffice.
The documents to show your residence as well as settlement if any regarding permanent alimony,custody of children etc are the only one you will need.
Proof of marriage is not needed.
Best of luck.
Advocate Pravin Sharma

Adv. Pravin Sharma

LawRato Delhi | 100+ Answers
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How can I prove my marriage without a certificate?

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Can I get second marriage without divorce papers?

In India, a second marriage with a first wife without a divorce is illegal and forbidden. This is a punishable offense and can result in harsh penalties. In Section 5 of Hindu Marriage Act 1955, the conditions and circumstances that are required to make a marriage valid are outlined in detail.

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Take care of your emotional and physical health. Relax, exercise and eat healthy. As much as you can, stick to your regular routine. Avoid making big decisions or major changes to your life plan. Avoid using alcohol, cigarettes or drugs to cope. They only cause more problems.

  
Answer #2
784 votes
Does not matter that you have proof or not. You will be considered married its other thing that it did not get registered. Customs are Supreme than law if its related to marriage. Sikhs and Hindu's comes under the Hindu Marriage Act. But the customs to solemnize the marriage are different. You need following docs : -
1. Photographs for Both Person
2. Valid ID and Address proof
3. Marriage Card
4. Marriage Snaps
rest will be taken care of.
Advocate Vikas Nain

Adv. Vikas Nain

LawRatoDelhi | 100+ Answers
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Answer #3
920 votes
Mam For filing a mutual divorce petition, the registration of marriage is not required....one can submit weddding photograph and other ID proofs for this purpose.
List of documents
Photograph of marriage ceremony
Wedding card
Passport size photo
Id proof
Residence proof
Advocate Suman Thakur

Adv. Suman Thakur

LawRatoDelhi | 25+ Answers
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Answer #4
494 votes
In India, you can divorce yourself without a certificate of marriage. According to the Hindu Marriage Act of 1955, even if one spouse is having difficulty continuing their marriage and has decided to separate from the other, they can file a petition to'mutual divorcing'. 4.
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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

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Learn how to file for divorce without mutual consent with the help of this Divorce Law Guide.

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