Rommy fernz (Service) 24 November 2015

Divorce- married in church but not in court

Me and my wife are christian, married in jan 2012 and looking for a divorce ,we have been married in church have are marriage certificate with all the stamps needed behind, we never went to the mumbai court to get married so basicly we are just married just in church nad not in any court........my question is we are looking for a mutual divorces but dont know how to go ahead from here.......?can some one guide us.

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4 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 24 November 2015

Dear Querist

You may file a mutual consent divorce petition before family court of area where both of you residing lastly, or where the marriage was solemnized.

as per section 10(A)(i) of Indian Divorce Act-1869

Section 10A(1) in THE DIVORCE ACT, 1869

(1) Subject to the provisions of this Act and the rules made thereunder, a petition for dissolution of marriage may be presented to the District Court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement* of the Indian Divorce (Amendment) Act, 2001, on the ground that they have been living separately for a period of two years or more, that they have not been able to live together and they have mutually agreed that the marriage should be dissolved.

Kumar Doab (FIN) 08 February 2018

Try to save the marriage to the best possible limits.

You have thought of the right forum ( Court of law) since while marriage in church (per procedure and provisions) can be valid the divorce is granted by court of law.