How to file for divorce if marriage nor registered
18-Jan-2023 (In Divorce Law)
My father deserted my mom about 20 years back when I was a kid. I didn't know about any legal procedure back then and no body told my mom too. It was not violence or anything. They just didn't get along well. Their marriage is not legally registered, they both have some photos from marriage which is the only proof and we are Hindus. How can we apply for a divorce so that my mother is not legally bound to my biological father?
Yes, you can file a divorce petition on the photo and other documents , registration is not a matter here and your mother is ligal wedded wife of your father, so consult and file a suit immediately and get relief.
Helpful?
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Hi, your mother can file a divorce case against your father on separation ground, the marriage certificate is not compulsory for filing divorce.. Wedding card, wedding photo & local address proof that's all required..
Please contact me for further assistance..
Thank you
Please contact me for further assistance..
Thank you
Helpful?
15+
Question: My father deserted my mom about 20 years back when I was a kid. I didn't know about any legal procedure back then and no body told my mom too. It was not violence or anything. They just didn't get along well. Their marriage is not legally registered, they both have some photos from marriage which is the only proof and we are Hindus. How can we apply for a divorce so that my mother is not legally bound to my biological father?
If a Hindu marries, there is no compulsion for registering the marriage, the photographs and other oral evidence would be sufficient to prove the marriage and as usual a divorce petition before the family court can be filed for getting the divorce at the place of womens residence/jurisdiction.
If a Hindu marries, there is no compulsion for registering the marriage, the photographs and other oral evidence would be sufficient to prove the marriage and as usual a divorce petition before the family court can be filed for getting the divorce at the place of womens residence/jurisdiction.
Helpful?
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It is very easy. Divorce on the ground of desertion is available. You need to establish marriage only when the other side denies. In your case mostly your petition which may be filed may not be contested by your father. You may ask your mother to file Divorce Petition in any jurisdiction Family Court.
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If the marriage was solemnized as per rites and rituals then, even if it was not registered it is a valid marriage in the eye of law and if one wants divorce, one has to approach the court of law.Remarriage without taking divorce is illegal and the second marriage is not valid in the eyes of law also the person may be prosecuted for bigamy. So, it is very necessary to first legally dissolve the marriage and then think of remarriage. You can file divorce on the ground of irretrievable breakdown of marriage. Should you require any further consultation please feel free to get in touch.
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