Is marriage certificate mandatory to apply divorce


Me and my wife were separated for 5 years. For divorce do I need marriage certificate or marriage invitation and photo. I don't have marriage certificate. Marriage happened in a place different than mine residence. I have DL in residential address. My lawyer seems to be cheating and delaying the petition to be filed. He is asking marriage certificate. So pls let me know is it mandatory to have marriage certificate copy?

Answers (4)


207 votes

Hi.... Marriage certificate is not required if you have marriage card. You can submit all these documents to court and you can file a divorce petition . Any one of address proof is enough in jurisdictional address is sufficient.
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220 votes

Hi..
If the marriage is registered, then certificate is mandatory. Or else you have to submit marriage invitation card and photos. Having only present residential address proof will not suffice. Please be more clear in your query.

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259 votes

No, marriage certificate is not mandatory. In fact, 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.

130 votes

Hi Sir, the marriage certificate is not mandatory for filing divorce petition. The wedding card and marriage photos are required to submit at the time of filing the matrimonial case before the family court. The marriage certificate is option, not mandatory, if it is, need to produce, otherwise no need to submit. The above said documents are required for filing the divorce petition. If you want legal assistance, kindly contact.

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