Divorce without proof

No proof of marriage..? Then no need to file divorce petition.

How many years old is the marriage? Also if the marriage had taken place then, there ought to have been witnesses to the marriage.... At initial stage an affidavit will be sufficient. You can file on the basis of her affidavit. If the husband denies marriage, then you will have to prove it.

Here in my town, HMPs are not entertained without sufficient proof of marriage.

@ Amit,

If the husband admits marriage then...? when the marriages are old enuf, the marriage cards and registration certificates are not always available.

@ Aashish George

A 'properly drafted' affidavit along with other evidence can be sufficient at initial stage, rest all is the matter of proof. If the administration dept of the court refuses to number the petition. Ask them to put up the matter before the court and explain the matter properly. File all other evidence you have on record. If there was indeed any marriage between the parties then there has to be other evidence also. It is impossible that there is absolutely no evidence. Take fresh instructions from your client and interrogate her properly so that the true position will come out. And if there was actually no valid marriage then, there is no need of filing for divorce also.

they must b living in live-in relationship. but in this, to seperate after understanding/contract, divorce is not necessary.

Archana mam,

                          Wife has filed for divorce and i have filed for custody.The court ordered her to file a joint affidavit.She filed the divorce affidavit but did not as yet file the custody affidavit.Now the court has said that they are going to frame issues in both the cases on the next date.My question is what is the next step in court after the issues are framed.

Regards,

Raajeev Sampat.

After framing of issues, the matter will be posted for evidence.

And mam if wife delays to file her affidavit in custody which is pending,then what happens?

Nothing happens on its own, she may be given another chance to file it. You and your lawyer has to take suitable steps considerating the stage and need of the matter to push it forward.

Sure mam,i will ask my lawyers to object strongly to her taking time to drag court time.Thanks for your advice.

maam, its a love marriage, the girl in unable to recall whether she had witnesses or not, has not signed any paper's, she only knows that she went to a temple did the saath feras and garland etc. and she was told by the boy that they are married now. she is living in her husband's house. but since she was studying she only used to stay for two days. like saturday and sunday. its been three years now and she wants out.

the problem is that the girls mother has lined up a job for her in the u.s and she wants to end all ties and leave. the girls mother wants her daughter to marry some one worth while, thats why they want divorce. they have put me in a tight spot. dont know how to proceed.

i cant thank you enough archana maam for helping me out. your experience and guidance will show me the right way i am sure. wish more people were as helping as you. thank you so very much!

Originally posted by : Aashish George
	maam, its a love marriage, the girl in unable to recall whether she had witnesses or not, has not signed any paper's, she only knows that she went to a temple did the saath feras and garland etc. and she was told by the boy that they are married now. she is living in her husband's house. but since she was studying she only used to stay for two days. like saturday and sunday. its been three years now and she wants out. the problem is that the girls mother has lined up a job for her in the u.s and she wants to end all ties and leave. the girls mother wants her daughter to marry some one worth while, thats why they want divorce. they have put me in a tight spot. dont know how to proceed. i cant thank you enough archana maam for helping me out. your experience and guidance will show me the right way i am sure. wish more people were as helping as you. thank you so very much!

Partial dementia?

or total Dementia?

No records as to where the marriage or saath pheras took place, no photographic evidence, living only 2 days a week together, why bother about divorce?

The query seems to be a fake one.

But still, nothing can be done in such a condition to prove marriage, as the party in concern is suffereing from acute dementia.

And any steps to prove the marriage will only end up futile/time and money consuming.

how do u categorise a fake query? i just dont understand why people are so quick to judge? why would they come to me for divorce under these conditions? i appreciate the sentiments, but i would rather take advice from people who listen, understand and then talk....instead of people who skip the understanding part all together.

@Querist,

There must be a defnite proof of marriage to avail of any matrimonial relief.Affidavit won't suffice.To establish the truth,in your case,following things may be corrobarated-

1.Any child born out of the couple.

2.How and where the marriage took place.

3.Anyone who witnessed the marriage.

Further...(If need so arises)

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,