Prashanth (Analyst) 25 July 2011

Getting divorced from - Hindu Marriage with no Certificate??

Hi All,

I really need help and advise as I am in confused state as what to do…? I really appreciate if some one can help me or advise me the best… Thanks in Advance

Me and wife are citizens of Australia holding OCI card (Life long Visa) , we met two years back and decided to get married in front of our family members in Hyd – India and went to Hyd in 2009 and got married according to Hindu tradition and rituals. Since we were in hyd only for short time during our stay we did not registered or marriage? ??? and came back to Australia.

Now that we are doing well and want to get separated in Australia with mutual understand, I did see the Law firm here in australia and they are asking me the proof of marriage (Marriage Certificate) so that they can grant divorce based on it, but as said above unfortunately we did not registered our marraige to have any certificate??

So how doI convince the Australian Court that we are married, so that we can get divorce?

The legal firm in Australia has advised me that since I don’t have marriage certificate, they would consider me and my wife relation has a de-facto relation (which is very common in Australia) and can terminate my relation without even going to the court. But this wouldn't help me, as my in-laws in hyd are scaring me and my family to death that they would file a case against me and my parents on Dowry _ harassment (498A). Which is currently mis utilised by many people and I dont want to be a victiom of this.

All i am worried is though my marriage is not registered it is legal in India as the marriage was conducted in hyd by preist according to the Hindu tradition. If they file a incorrect case or make any false allegations against me and my family i am worried that i wouldn’t be able to travel to India for ever to see my parents..

Though my wife is reluctant about this and want to get seperated ?? so how can i prove that we are not in de-fact relation but we are married and get my Divorce certificate, If I cant get this divorce certificate I need not need to worry to travel back to India with no issues,,,,,,,,,,,,,,,,,,,,,,,,

Thanks

Prashanth

Can some one please help me……… I am in a tense situation

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1 Replies

**Victim** (job) 25 July 2011

@ Prashanth try ur best to dissolve ur marriage in australia itself. Do not even try to visit india until ur marriage is dissolved. If u r granted mutual consent divorce in australia it will be valid in india. Try ur best to get marriage certificate issued somehow from india. If ur wife is cooperating to give u divorce then do ur best to get it done in australia itself because if u get stucked in india with 498 (a), Crpc 125 or other similar cases then ur life will go through hell. To my knowledge u should seek divorce in australia itself. It will be much easy and less painful.