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Teja (Engineer)     15 November 2010

Is Divorce Possible?

Dear Experts,

 

How can anyone get divorced from the current spouse not having any proofs of marriage like photographs, marriage certificate or marriage invitation? The only proof for the marriage is a girl baby born now. How can divorce be possible? Is it mandatory to approach court for the divorce to happen or just settlement between the two families can do?

 

Please advice

 

Thanks

Tejat



Learning

 7 Replies

swatirswatir (learning law)     15 November 2010

ha ha ha, then most of the  marriages in india will be invalid.such a long cohabitation in absence of any legally valid contract along with social recognition as husband and wife raises strong presumption of marriage.u need to go to court for divorce, if respondent denies marriage then u get no marriage certificate automatically.

if u are upto some mischief then contact an advocate in person.

Teja (Engineer)     15 November 2010

@@ Swathi-- No mischief from my end. This is a case I'm studying recently, though I am an engineer want to know about law so started from family law.. I am not yet married

Jamai Of Law (propra)     15 November 2010

An unmarried engineer asking such question...You are a dangerous person!!!

ashish lal (Advocacy)     16 November 2010

Marriage could be proved through other ways also. Photographs and invitation cards could easily be manufactured.

Dharmesh Manjeshwar (Advocate/Lawyer)     16 November 2010

Well if both are ready to divorce each other then both of them can file a petition for divorce by mutual consent ... If there is no proof of marriage ......... both of them can file a joint affidavit stating same before the court .......

If one of them wants divorce from the other .... then the one wanting divorce can file petition on the grounds of divorce available as per their personal laws ..... if no proof of marriage then he or she can file affidavit stating same ... if the other spouse comes before court and denies marriage ... then there is no impediment ....... but if the other spouse contests the petition ... then outcome would depend on the fact whether the one wanting divorce proves his grounds or not in court .......... 

Roshni B.. (For justice and dignity)     16 November 2010

pthis is my personal opinion that people who attended marriage ceremony can act as witnesses and give the proof that the marriage has occurred.

still an advocate can advise better

Raman (Marketing Executive)     19 November 2010

Hi

My name is Raman and i got marriedon 31 Jan but under the influence of her parents my wife filed 498A on me and my mother on false grounds. She was already divorced and had a child too but she filed a DV case on her previous husband and he kept the daughter and paid her the money. We got married after that. She filed the FIR on me on 16 Mar 2009. She is absconding since then and someone has tipped me that she has even fled off the country. She has never appeared in court also for the witness so far.

I wanted to know if I can file for divorce and will it be an easy or a tough task to get divorced? I have also filed a case under 156CRPC on my in laws on the grounds that they have acceptedin their FIR for giving me dowry. The case is pending for final hearing on 07 Dec 2010.  Please guide me on course of action for the getting divorced.


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