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How to File Divorce without having my ex


09-May-2026 (In Divorce Law)
I will be seeking an ex-parte divorce in Mumbai for a 2021 temple marriage (unregistered). It was in Hyderabad during Covid; I have wedding photos but no invites or witnesses. I fled due to domestic violence and have had zero contact since 2022 (4-year desertion). Can I file at a Family Court using my Mumbai residency? What is the process so I can finalize this without any contact or meeting him?
Answers (5)

Answer #1
775 votes
Yes, you can file divorce in Mumbai based on your residence, even if the marriage was unregistered. Wedding photos can be used as proof of marriage. If he does not appear, the matter can proceed ex-parte without meeting or contacting him. I can help you with the complete legal process — feel free to contact me.
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Answer #2
872 votes
you can file a divorce but on other grounds, you can't claim desertion as a ground as it is available to the victim, here you are saying that you only fled away. you will have to file a petition in family court on other grounds.
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Advocate Areeb Ansari

Adv. Areeb Ansari

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Answer #3
620 votes
Yes, if you are presently residing in Mumbai, you can file a Divorce Petition before the Family Court at Mumbai under the Hindu Marriage Act on grounds such as cruelty and desertion. Even if the marriage was unregistered, wedding photographs, chats, travel records, temple details, or any other surrounding evidence can be relied upon to establish marriage. If your husband does not appear despite proper court notice, the matter can proceed ex-parte and be decided in his absence, which is the legal system’s version of “fine, ignore everyone and still get summoned.” Depending on facts, you may also seek exemption from personal appearances wherever permissible through your advocate and proceed without direct interaction or meeting him.
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Advocate Pragati Patil

Adv. Pragati Patil

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Answer #4
797 votes
Yes divorce petition can be filed at the place of your residence, however, informing other party regarding the petition that you have filed is mandatory procedural part. You have an option of mutual consent divorce. You need to visit Court twice or thrice. If your husband is also not willing to continue marriage then it will be easier.
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Advocate Shweta Joshi

Adv. Shweta Joshi

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Answer #5
959 votes
Hello Ma’am, You may file a Divorce Petition before the Mumbai Family Court based on your present residence. Even if the marriage is unregistered, temple marriage photographs and related evidence may help establish the marriage. On grounds of cruelty and desertion since 2022, an ex-parte divorce may be possible if the husband does not appear despite service of summons.
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Advocate Devashish Dilip Wani

Adv. Devashish Dilip Wani

LawRatoMumbai | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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