Divorce..no marriage certificate
Querist :
Anonymous
(Querist) 09 April 2018
This query is : Resolved
My friend (30yrs old lady) married 4 yrs back. After a year she came back and started staying with her parents. She had marriage as per Hindu rituals. But she has not registered her marriage and don't have certificate. Her husband has sent her legal notice for divorce.is this right? What can be her next step? What are the options available for her other than adjusting with husband.
Sudhir Kumar, Advocate
(Expert) 10 April 2018
marriage is valid and subsisting.
she has to defend unless interested in divorce.
Ms.Usha Kapoor
(Expert) 10 April 2018
If she is already qualified or PG she can apply for a gainful employment.Whatever her hobbies are such as painting, knitting she can convert them into money spinning hobbies. Let her stand on her own legs without her husbands help- But if necessary file a maintenance petition and also Alimony petition. Both of you apply for MCD or Divorce by Mutual consent drafting a separate Agreement regarding the financial obligations of the husband.Towards your friend or wife.
Adv. Yogen Kakade
(Expert) 10 April 2018
First of all reply to the said notice..
It shall be his legal right to file a divorce petition if he is willing to. It is advisable for you to keep your defense ready.. take a help of a good lawyer..
All the best..
Adv. Yogen Kakade
Jurycon Incorporation (Advocates & Consultants)
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Phone: 020-65248888 / 09225510883
Kumar Doab
(Expert) 10 April 2018
Marriage has just to be valid.
If IT is solemnized properly as posted by you then IT is valid.
IT is not mandatory to register the marriage..
The spouse that has issued notice might have narrated the reason e.g; desertion….and facts on his side to claim divorce and deny maintenance, alimony..
The other spouse is at liberty to contest the divorce or agree for divorce or discuss for MCD on mutually agreeable T&C and end the troubled wedlock....
Approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record ….. and worth his/her salt …with all record for a considered opinion…per detailed facts of your matter.
Kumar Doab
(Expert) 10 April 2018
Pls post with your ID and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.
SHIRISH PAWAR, 7738990900
(Expert) 10 April 2018
If her husband has send legal notice for divorce then wife has to reply the same. The intention of the parties are material if wife wants divorce then both can move mutual consent divorce. If wife doesn't want divorce then wife has to contest the divorce notice and petition if filed later on. Appoint advocate and consult with him.
If you are in and around Mumbai you can contact me for further proceedings.
Kumar Doab
(Expert) 10 April 2018
The lady can certainly proceed as deemed fit ...........
Guest
(Expert) 10 April 2018
Totally vague advice by Mr. Kumar Doab, a fake expert with unreal name. He made 3 posts, but from all his posts it reveals very clearly as if he is not confident, whether any of his advice is correct or not. In his last post his advice is totally absurd when stated, "the lady can certainly proceed as deemed fit." Had she to proceed, as deemed fit, she would not have approached this forum for advice through her friend.
Apparently, he made multiples of posts against a single query just to add undue scores to his credit.
Ms.Usha Kapoor
(Expert) 22 June 2018
Apart from my view i agree with Kumar doab.
