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How to Proceed When No Prior Marriage Documents Available


18-Mar-2026 (In Divorce Law)
Hi Ma’am, We currently do not have any documents related to his previous marriage. All photos, messages, and other records were stored on his old phone, which is damaged and cannot be recovered. We also do not have her last known address or any contact details at this point. Given this situation, could you please advise on the correct legal procedure to proceed further?
Answers (2)

Answer #1
1000 votes
We can establish the existence of the previous marriage through secondary evidence, such as affidavits from family members who attended the wedding, wedding invitations if any exist elsewhere, or bank/insurance records where the spouse might have been named as a nominee. ​Regarding the lack of an address, we will need to file an application for Substituted Service under Order 5, Rule 20 of the CPC. If we can demonstrate to the Court that the respondent's whereabouts are unknown and they cannot be served in the ordinary way, the Court may permit service via an advertisement in a widely circulated local newspaper in the area where they were last known to reside. Once the public notice is published and the waiting period expires, the matter can proceed ex-parte if they fail to appear.
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

LawRato Bangalore / Bengaluru | 1000+ Answers
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Answer #2
805 votes
Now please confirm with whether your love marriage or arrange marriage if your marriage is confined still you can register your marriage under the registration act as well ...further proceedings means what exactly you want to do
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Advocate Vanitha

Adv. Vanitha

LawRatoBangalore / Bengaluru | 25+ Answers
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