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How to get a divorce certificate if divorce is unofficial
20-Apr-2023 (In Divorce Law)
My ex wife took divorce 16 years back unofficially before the elders. Now she wants to remove his ex husband name from her possport and put her new husband name. Need divorce certificate. But her ex, husband out of country. How can we get divorce and remove his name from possport
There is no such thing as an unofficial divorce before elders. You have to obtain divorce through Court. It is unclear which religion your ex-wife and her husband belonged to, but that religion's laws have to be followed even for Divorce. For eg., if both were Hindus, then they have to approach the Court under the provisions of the Hindu Marriage Act and obtain a Decree of Divorce. For change of name in passport, she will need the original Divorce Decree to get the name removed. Even if her ex-husband is out of the country, since he also remains married on paper, he will likely cooperate to initiate the divorce proceedings. They both can file a Petition for divorce by mutual consent and also file an Application for waiver of the statutory period of 6-months if they have been living separately for the last 16 years.
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