Can divorce be filed without a marriage certificate

115 votes

A marriage certificate is not mandatory for filing a divorce petition in India. However, the absence of a marriage certificate can make divorce proceedings more complicated, as it can affect the evidentiary value of the marriage and create difficulties in proving the marriage.

To file for divorce, the petitioner needs to prove that they are married to the respondent. In the absence of a marriage certificate, the petitioner can rely on other documents such as wedding invitations, photographs, witness statements, or any other documentary evidence to prove the existence of the marriage. The petitioner can also submit an affidavit or a declaration stating that they are married to the respondent.

LawRato LawRato

633 votes

No need to worry ,
Yes ofcours you can file your divorce case under sec 13 of hindu marriage act 1954 in court were you reside with proper court fees there is not need or compulsary to get certificate of marriage....

Advocate Yogesh Shah LawRato

852 votes

Yes you can file divorce petition without marriage certificate. For that you have to file other proofs of marriage such as "marriage Patrika", joint photo of husband and wife or any other document in which you and your wife are shown as husband and wife.

Advocate Pradeep Naik LawRato

912 votes

you have not mentioned that whether you belong to Hindu,Muslim or other ,according to Hindu Marriage act there are provisions as follows-13. Divorce- (1) Any marriage solemnized, whether before or after the
commencement of the Act, may, on a petition presented by either the husband or
the wife, be dissolved by a decree of divorce on the ground that the other party(i)
has, after the solemnization of the marriage had voluntary sexual intercourse
with any person other than his or her spouse; or
(ia) has, after the solemnization of the marriage, treated the petitioner with
cruelty; or
(ib) has deserted the petitioner for a continuous period of not less than two years
immediately preceding the presentation of the petition; or
(ii) has ceased to be a Hindu by conversion to another religion ; or
(iii) has been incurably of unsound mind, or has suffering continuously or
intermittently from mental disorder of such a kind and to such an extent that the
petitioner cannot reasonably be expected to live with the respondent.
Explanation- In this clause(a)
the expression "mental disorder" means mental illness, arrested or incomplete
development of mind, psychopathic disorder or any other disorder or disability of
mind and include schizophrenia;
(b) the expression "psychopathic disorder" means a persistent disorder or disability
of mind (whether or not including sub-normality of intelligence) which results in
abnormally aggressive or seriously irresponsible conduct on the part of the other
party and whether or not it requires or is susceptible to medical treatment; or
(iv) has been suffering from a virulent and incurable form of leprosy; or
(v) has been suffering from veneral disease in a communicable form; or
(vi) has renounced the world by entering any religious order; or
(vii) has not been heard of as being alive for a period of seven years or more by
those persons who would naturally have heard of it, had that party been alive;
Explanation.- In this sub-section, the expression "desertion" means the desertion
of the petitioner by the other party to the marriage without reasonable cause and
without the consent or against the wish of such party, and includes the willful
neglect of the petitioner by the other party to the marriage, and its grammatical
variations and cognate expression shall be construed accordingly.
(1-A) Either party to a marriage, whether solemnized before or after the
commencement of this Act, may also present a petition for the dissolution of the
marriage by a decree of divorce on the ground(i)
that there has been no resumption of cohabitation as between the parties to the
marriage for a period of one year or upwards after the passing of a decree for
judicial separation in a proceeding to which they were parties; or
(ii) that there has been no restitution of conjugal rights as between the parties to
the marriage for a period of one year or upward after the passing of a decree of
restitution of conjugal rights in a proceeding to which they were parties.
(2) A wife may also present a petition for the dissolution of her marriage by a
decree of divorce on the ground(i)
in the case of any marriage solemnized before the commencement of this Act,
that the husband had married again before the commencement or that any other
wife of the husband married before such commencement was alive at the time of
the solemnization of the marriage of the petitioner:
Provided that in either case the other wife is alive at the time of the presentation of
the petition;
(ii) that the husband has, since the solemnization of the marriage, been guilty of
rape, sodomy or bestiality; or
(iii) that in a suit under Section 18 of the Hindu Adoptions and Maintenance Act,
(78 of 1956), or in a proceeding under Section 125 of the Code of Criminal
Procedure, 1973, (Act 2 of 1974) or under corresponding Section 488 of the Code
of Criminal Procedure, (5 of 1898), a decree or order, as the case may be, has
been passed against the husband awarding maintenance to the wife
notwithstanding that she was living apart and that since the passing of such decree
or order, cohabitation between the parties has not been resumed for one year or
upwards;or
(iv) that her marriage (whether consummated or not) was solemnized before she
attained the age of fifteen years and she has repudiated the marriage after
attaining that age but before attaining the age of eighteen years.
Explanation.- This clause applies whether the marriage was solemnized before or
after the commencement of the Marriage Law (Amendment) Act, 1976.
13-A. Alternate Relief in Divorce Proceedings.- If any proceeding under this
Act, on a petition for dissolution of marriage by a decree of divorce, except in so
far as the petition is founded on the grounds mentioned in clauses (ii), (vi) and
(vii) of sub-section (1) of Section 13, the court may, if it considers it just so to do
having regard to the circumstances of the case, pass instead a decree for judicial
separation.
13-B. Divorce by mutual consent.-(1) Subject to the provisions of this Act a
petition for dissolution of marriage by a decree of divorce may be presented to the
District Court by both the parties to a marriage together, whether such marriage
was solemnized before or after the commencement of the Marriage Laws
(Amendment) Act, 1976, on the ground that they have been living separately for a
period of one year or more, that they have not been able to live together and that
they have mutually agreed that the marriage should be dissolved.
(2) On the motion of both the parties made earlier than six months after the date
of the presentation of the petition referred to in sub-section (1) and not later than
eighteen months after the said date, if the petition is not withdrawn in the mean
time, the Court shall, on being satisfied, after hearing the parties and after making
such inquiry as it thinks fit, that a marriage has been solemnized and that the
averments in the petition are true, pass a decree of divorce declaring the marriage
to be dissolved with effect from the date of the decree.
14. No petition for divorce to be presented within one year of marriage.-
(1) Notwithstanding anything contained in this Act, it shall not be competent for
any Court to entertain any petition for dissolution of marriage by a decree of
divorce, unless at the date of the presentation of the petition one year has elapsed
since the date of the marriage:
Provided that the court may, upon application made to it in accordance with such
rules as may be made by the High Court in that behalf, allow a petition to be
presented before one year has elapsed since the date of the marriage on the
ground that the case is one of exceptional hardship to the petitioner or of
exceptional depravity on the part of the respondent, but, if it appears to the court
at the hearing of the petition that petitioner obtained leave to present the petition
by any mis-representation or concealment of the nature of the case, the court may,
if it pronounces a decree, do so subject to the condition that the decree shall not
have effect until after the expiry of one year from the date of the marriage or may
dismiss the petition without prejudice to any petition which may be brought after
the expiration of the said one year upon the same or substantially the same facts
as those alleged in support of the petition so dismissed.
(2) In disposing of any application under this section for leave to present a petition
for divorce before the expiration of one year from the date of the marriage, the
court shall have regard to the interests of any children of the marriage and to the
question whether there is a reasonable probability of a reconciliation between the
parties before the expiration of the said one year.

Advocate Anil Kumar Thakur LawRato

948 votes

answer:-हां बिना मेर्रिज सर्टिफिकेट के भी तलाक किया जा सकता है तलाक केस फाइल करने में इसकी आवश्यकता महत्वपूर्ण नही है आपकी शादी के फोटोग्राफ तथा आधार कार्ड एवं विवाह पत्रिका यदि हो तो इन दस्तावेजो के आधार पर आप तलाक ले सकते है

Advocate Sushil Kumar Gothwal LawRato