Legal procedure to get divorce certificate

had mutual agreement done with my ex husband but it was out of court settlement now I want to have correct legal divorce certificate but I dont have any proof documents of my earlier marriage how do I get a legal divorce certificate now?

Answers (3)

169 votes

At least in marriages solemnised under Hindu personal law out of court divorce is not permissible. Generally marriages solemnised in Hindus have saptapadi in witness of Gods, Bramhan (priest who solemnises marriage) and relatives present performed. Usually photos of marriage performing saptapadi etc are considered valid proof of marriage. Further question of proof of marriage comes when other party denies existence of marriage i.e. if you ex husband denies existence of marriage. In my opinion if you are a Hindu married according to Hindu rites and customs then you may contact your ex husband for mutual consent divorce under section 13B of Hindu Marriage Act and file a joint petition in court and obtain from court decree of dissolution of marriage i.e. divorce.

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303 votes

You can file mutual divorce petition in Court.If you have written settlement out of Court.Then that settlement agreement can be filed in Court for proof of marriage. If your ex husband is denying to file mutual divorce petition in Court.Then file separate divorce petition in Court.Then upon final hearing Court will order divorce.

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252 votes

Where you executed a mutual agreement? Did you registered your marriage at registrar office? If yes, get the copy of certificate from there. If not, do you have photographs of marriage, you can file a case in court for divorce.

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