Divorce without a valid marriage certificate
One of the most common keeps buzzing is divorce without a marriage
certificate. No one wants to be unhappy, particularly not in relationships.
These days both men and women keep their status high associated with the high
designation in their respective work, and eventually, that makes them reach the
So, if you are one of those who find yourself in a perplexing situation
of taking a divorce without a marriage certificate, it is high time to know if
it is possible or not.
Can I apply for a divorce without the marriage certificate?
Yes, as per law, if you do not hold a marriage certificate with you, then there is no obligation to file your petition in court. It is possible to carry out the proceeding of divorce without a marriage certificate. Though if you carry your marriage photo even without a marriage card even then, you can attach an affidavit with a petition stating clearly that you do not have any marriage card or certificate.
Filing for Divorce in India
According to the divorce act of 1869 and the Marriage Act of 1954,
divorce gets provided under mutual consent. In a contested divorce, one of the
two partners Refuses to agree to the divorce. According to Hindu marriage
section 13B, the following are the procedures and conditions applicable to
filing a divorce in a country like India.
- There is a clause in the system both partners in a
marriage have to stay separate for a minimum period to buff a divorce.
- When both partners fail to settle issues between the
two, one can file for divorce.
- When both partners agree to a mutual separation,
one can go for divorce.
If I am filling the above conditions, can I apply for divorce
without marriage certificate?
Yes, when all three conditions get satisfied, a couple can file for
alimony. It is regardless of the marriage getting done in a temple or court in
Mutual Divorce Procedure
A Mutual Consent Divorce is when both the husband and wife want to
complete their marriage tenure and intend to separate from each other. It
commences with the mutual consent of both parties, which makes it a smoother
process compared to other means. As per the Hindu Marriage Act, 1955, both
mates retain the right to file a petition of their marriage by a decree of
divorce on more than one ground, emphatically listed in Section 13. Section 28
of the Special Marriage Act, 1954, and Section 10A of the Divorce Act, 1869,
also provide for divorce by mutual consent.
Step 1: Divorce file petition
The concerned parties must raise the divorce petition together, and both
parties must initiate notice and send it to their family. The foundations for
divorce must begin with the intention that spouses feel they cannot live with
each other anymore and, therefore, have consented mutually to dissolve their
marriage. Another common foundation used to get a mutual divorce is that the
couple has been living separately for over a year due to unavoidable
differences. The joint petition must be signed by both parties involved.
The process of filling petition can begin with any of the following
- Court where the spouse last resides
- Court where the couple’s matrimony was formalized
- The court area where the wife currently lives
Step 2: Couples have to appear before a Judge in a court
After completing the step1, both parties, with their families and
respective lawyers, need to appear in court. The court will decide based on all
the documents presented and the proofs given. If reconciliation doesn’t take
place, the mutual divorce process continues.
Step3: Statements and Oath
After duly examining their petition, the court directs an order to
record the party’s statements on oath.
Without marriage certificate divorce below Documents are
Required for initiation of the Mutual Divorce Process:
Proof – Husband and Wife
tax Statement for last 3 years
of Property and Asset owned
of Staying separately for a year
Photographs of Marriage
of profession and Income (Salary slips, appointment letter)
about family (husband and wife)
Is a marriage certificate mandatory for divorce in India
No, the marriage certificate is not necessary for applying for divorce without marriage certificate. A marriage photograph and invitation card are sufficient to produce if you don’t have the affidavit for marriage. It is also enough to find a divorce petition.
· So, these are the documents required to file a divorce in India.
· It needs a marriage certificate or photo taken in case of temple
marriage or non-registered wedding.
· It requires a present photograph of both the husband and wife to file
· Evidence that shows that the husband and wife have been living
separately for a particular period
· Details of their profession
· Property details of wife and husband
· Details of the families
· IT statements
The husband and wife must have been living separately for one year or
more. It must be so at the time of buffing the petition for divorce without a
marriage certificate. Your identity and residential proof would also be
required. The petition can get filed in either the court where the marriage
took place or where you both last resided as a couple. The petition for mutual
consent divorce must get filed in two motions. There must be a minimum of six
months and a maximum of 18 months between the two motions.
The divorce process in India
We will talk about the step-by-step process of obtaining a divorce
without mutual consent or divorce without marriage registration: –
- It is
essential to see if the parties have been living separately for more than
a year so that they can apply for divorce.
one lawyer that will understand your situation and file the petition in
the requisite forum, family court at the district level. You need to share
all the information that would form a ground for divorce.
filing the bail petition, the applicant should ensure that he has read and
understood the bail petition prepared by the lawyer and that he has signed
all affidavits and Vakala Nama (giving the lawyer the right to represent
you in court).
- If you
want to get granted a divorce decree by the court, the applicant filing
for divorce must meet certain criteria.
Below are some grounds that must fit in to be granted a divorce decree
by the court:
Adultery: It can be taken as a ground for divorce. The applicant’s spouse has
indulged in a relationship with anyone other than him/her. Any single act of
adultery is enough to grant a divorce.
Cruelty: It would be ground for divorce if the applicant
gets subjected to any kind of physical and mental torture at the behest of the
spouse. It could vary depending on different situations and could include
controversial treatment by in-laws, abuses, and more.
Desertion: It could be ground if the spouse leaves the other for at least two or
Conversion: It could be ground if the spouse has been converted to any other
Mental disorder: It would be ground if the spouse suffers from an incurable
mental disorder, due to which it becomes impossible for them to live as a
husband and wife.
Leprosy and venereal diseases: It could be ground if the
spouse suffers from leprosy or infectious diseases like AIDS.
Renunciation: It would be ground if the spouse has given up all worldly affairs for
impressing a religious order.
1. Is divorce possible if marriage is not registered?
Yes, divorce is possible if marriage is not registered. As per the
Special Marriage Act of 1954 – Section 28 and The Divorce Act of 1869 – Section
10A, divorce is provided under mutual authority. Other than that, under the
Hindu Marriage Act of 1955, a man can now claim maintenance like a woman. Under
the Special Marriages Act of 1954, only the wife could seek maintenance, but
that is changing.
2. What will happen if marriage is not registered?
If marriage is not registered, divorce still can proceed on considering
a photograph as evidence of marriage. Divorce can take place if any of you are
ready to proceed; even if one is not willing to get divorced, it is termed
3. Can I get a divorce without a marriage certificate in India?
Yes, you can get a divorce without a marriage certificate in India.
According to the Hindu Marriage Act, 1955, a petition for a ‘mutual divorce’
can be filed even if any of the spouses is facing difficulties in continuing
the marriage bond and have decided to get separated from each other.
4. How important is a marriage certificate?
Marriage certificates are the most important paper of two people
association, representing that they both agreed on the terms to get married and
intend to spend the rest of their life together. The Special Marriage Act of
1954 – Section 28 and The Divorce Act of 1869 – Section 10A permit the partners
to apply for a divorce even without a marriage certificate.