How to get divorce if no marriage certificate of hindu and chirstian


I have a frnd who is married to someone who 15yrs older than him That lady by doing some emotional blackmail she married to him befre that she had 2husbands Now that lady tortures my frnd emotionally physically mentally i dont knw why she is doing that with him why to marry some younger one Now my frnd wants to divorce her she isnt agree They dont have marriage certificate boy is hindu lady is Christian Thy got married by following hindu rituals Thy have photos Of marriage Got some paper from local temple Is there anyway to get rid of her? Without going to some hapazard situation

Answers (4)


210 votes

Registration of Marriage is mandatory as per law. But it is not strictly followed in family court while applying for divorce. Without decree of divorce from a competent court of India neither of parties can remarry. For marriage to be valid it does not have to be registered. Your friends marriage was performed as per the ceremonies, rites and rituals recognized by either of the parties. Much importance is given to ‘Saptapadi’ or 'Phere' in Hindu marriage. Therefore it is a valid marriage despite the marriage was not registered as required under the law.

In order to file a divorce petition at court your friend has file the petition along with the marriage certificate. However, as per Sec 8 (5) of the Hindu Marriage Act, 1955, not getting a marriage registered does not render it null and void. Hence, the petition for divorce can be filed without a marriage being registered as well. Such petition for Divorce can be filed after 1 year of Marriage by both the parties either by Mutual Consent or under the various provisions mentioned in the HMA, 1955. If your friend's marriage is not a year old, the petition for Divorce will not be accepted by the Hon'ble Court unless rarest circumstances are proven by the party filing the petition.

Beside you have already mentioned the lady was earlier married with 2 other men (husbands), if that be so, it would be wise to do a background check about this lady from her other 2 husbands, under which law were their marriage solemnized, was it according to Hindu law or christian law or muslim law. Also find out whether their marriages were dissolved by court, if yes, the grounds of divorce. If not, then this marriage with your friend will be null and void and will also attract section 494 or section 495 IPC, which ever is more suitable to your friends situation. Both these sections under IPC are punishable offences. For further assistance you can contact me or any attorney expertised in this field.


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221 votes

If both husband and wife agreed for divorce then file a joint petition for divorce by mutual consent and if wife is not agreed for divorce then file contested divorce petition based on ground of mental cruelty. And without detail discussion proper consult is not possible.

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173 votes

marriage between a Hindu man who converted as Christian and a Christian lady in a Hindu form is not a valid marriage. According to section 5 of the Act marriage can be solemnised between two Hindus; M. Vijayakumari v. K. Devabalan, AIR 2003 Ker 363..

277 votes

You have not stated completed facts about your friend. Whether your friend's wife is divorcee or not? If she is not divorcee that means she is still a wife of another man. And in Indian Law it is a criminal offence to marry twice in the lifetime of spouse until obtaining divorce. Apart in case she had not obtained divorce from her first husband, the second marriage is itself void.
Please go to the court to declare your marriage as dissolved.
In case she has obtained divorce, you can still file a divorce suit for cruelty and cheating. It is immaterial whether she wants to divorce you or not, if the Court is convinced that the wife has suffered the husband, it will grant divorce.

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