Divorce

You may file for divorce at a court within whose jurisdiction (1) you were married, or (2) you reside, or (3) your husband resides. Since, in your case, your husband resides in Delhi, you can file the divorce application form the said Delhi address of your husband in the court which has jurisdiction over that address. The divorce application can be on grounds of mental and physical torture.

You can also apply for custody of your children in the same court.

Prabhat Shroff,. Advocate

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Hello Prabhat,

Thanks for your time to answer my query. Now here is the real story the women i had been talking was my girlfriend and she was married to that man 8 years ago. She has two kids and after 8 years she met me in a family function and i came to know that she is not happy with her marriage. I am the only one whom she discussed how her married life is going and in the mean while we came close and want to get married and i am ready to accept her and her kids. Now the concern is she wants to come to delhi and apply for divorce for which i agreed as she cannot do staying with her husband as he will start his mental torture.

Would like to know a name of the lawyer who can take up the case and get her a divorce so that we can marry for us and kids as her current husband does not takes care of her nor her kids he is completely dependant on his wife who is a working women.

Also please let me know if the steps taken where correct and incase there are any suggestions please advice.

Thanks

Also could you please let me know if it is necessary to take divorce if they don't have a marriage certificate. When she leaves her hom can he take legal actions as he will never come to know that where is she going to. 

Dont be audacious.  You should keep distance from her till she gets divorce from court.  Customary marriage is valid marriage in the eyes of law and if her marriage was performed in front of families and elders following Hindu rites and customs it is necessary for her to take divorce from him from court before marrying you otherwise it will become a case of bigamy.  Do not be under impression that if he files a missing case, police cannot find out her whereabouts by keeping vigilance on her family members.  Then entire story will come out.  Whatever you do you have to do in all fairness openly without trying to play bluff with anyone including with law especially.

As I said before, she can file from Delhi, giving her residential address in Delhi. However, since she does not have the marriage certificate, she has to provide some evidence of her mariage, say, marriage invitation card or photographs etc.

During pendency of divorce proceedings, where will she be staying in Delhi? Not with you together? If she openly stays with you during divorce pendency, her husband may initiate bigamy proceedings divorce complicated, despite Court observations allowing two adults to stay together in a "live in" relationship.

It is difficult for me to suggest a Delhi Lawyer; you have to find that out yourself. 

And yes, even if there is no marriage certificate, it is strictly necessary for her to have a divorce granted by a court.

As she my relative, can she stay with me in my house and then file the divorce from my residential address?

Also they got married in a temple with no family members nor any cards were distributed nor any photographs were taken.

Originally posted by : Srihari
	As she my relative, can she stay with me in my house and then file the divorce from my residential address? Also they got married in a temple with no family members nor any cards were distributed nor any photographs were taken.

You have all the right ingredients to land yourself behind bars.  Good Luck.