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How to get proof of separation and get one sided divorce
19-Jul-2023 (In Civil Law)
My mother is 70 years old. She needs a proof that she is living alone in a different city than my father. As my mother has no proof of marriage, she cannot apply for one sided divorce. My father was living With us when we were small because of society fear. But he was living With other females in between also. He never mentioned my mother in his pension documents. He is a psycopath. He would take loan from bank in her name without telling her, he would fake her signature and bribe the bank. We came to know later. How can she prove her separation since 2003? Is it possible through affidavit from a lawyer that she is living alone and one or two neighbours witness it? Can ration card Department give a proof that only she is mentioned on the given address? Can Court help her to get one sided separation without involving my father? Telephone given is my mothers nr. She hears loud. My father was violent to her, thus she her eardrums got destroyed.What shall we do?
For divorce case, if the exact proof of marriage is not available, the affidavit of the petitioner about the solemnization of marriage on the date at particular place and according to customary rites of the parties will be good enough. The best solution in the given case can be for wife to apply for divorce on the ground of cruelty and desertion of since 2003 by the respondent husband. The divorce case if proceeded ex-parte against the husband by the Family Court after serving summon to the husband and his not appearing to defend the divorce petition, the order of divorce will mention the separation of both parties since 2003 because of the desertion by the husband along with his acts of cruelty. This order will serve the purpose of the aged lady to prove her separation since 2003 with her husband. For proof of address, ration card or Aadhar card, voter's card etc. showing her address will be good enough for the purpose of justifying the jurisdiction of the Family Court.
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