Wants to file for divorce have only notary certificate not marriage


I (Hindu) got Married in 2010 with notary registration by stating we have just married in a temple. We do not have any pictures of our temple marriage because it's never happened. But all these are mentioned in that certificate as advised by a lawyer at that time. After that, we never proceed to have a marriage certificate by some negligence. My question is : 1. Is that certificate is still valid? 2. Do i need to get a divorce before marrying someone else? Note: I have 4 yr old son and we are not staying together for last one and half year. I have registered A complaint against him due to his excessive physical violence. And no one is there to support me. Please kindly suggest.

Answers (5)


174 votes

Dear Client,

Reply to Query 1 - No. Any certificate other than a certificate issued by the Marriage Registrar in Courts (or the Issuing Authority in cases where the authority to register marriages has been delegated to the Local Municipal Corporation), pursuant to registration of marriage as per law , shall not be valid for the purposes of proof of marriage.

Reply to Query 2 - As a notarized certificate cannot be deemed to be a proof of marriage for lawful purposes, coupled with the fact that there are no photos evidencing the marriage in temple or otherwise, you may proceed to marry someone else and since there is no valid legal proof of earlier marriage, you might not be required to apply for divorce.

As you have mentioned that you have a child purportedly born out of the wedlock, this fact might be used against you if the guy so wishes. The repercussions would have to be dealt with accordingly.

Kindly clarify under what capacity have you filed the complaint? Here, if you have brought on record the fact that you have been staying together and that is how you have been subjected to excessive physical violence, this can be used against you if you proceed further to remarry on the premise that you were never married earlier.

However, there are other incidences which also needs to be discussed and shall require a detailed discussion.

Regards.


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206 votes

Marriage before notary is not a valid marriage but you both stayed together and have 4 years child hence you need a divorce before second marriage other wise it wili create a problem 8n your family life

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305 votes

Dear client,
Marriage before Notary not a valid marriage but if marriage performed in temple and rituals of marriage observe as per hindu rites and custom then its valid marriage as per hindu marriage act.in your case both are lead conjugal life as husband and wife and you have a son. There is no such duspute between both party regarding marriage.Both are admitted the marriage.So you can file divorce case before the family court against your wife.

114 votes

Yes you can file divorce as there is child and to consolidate his legitimacy . For better assistance consult a lawyer . ..............................................,.................................

289 votes

Dear Mam/Sir
I would like to draw your attention that no marriage is registered before a Notary Public. The certificate you are claiming might be a Declaration of marriage and/ or affidavit in token of your marriage solemnised in a temple. Hence the marriage solemnised in a temple is nothing but a marriage under Hindu law. So certainly you have every right to approach the court for dissolution of the marriage by a decree of divorce by a competent Court.

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