Dear Madam, As my sister got married with christian guy in 2010. Now he do not want to stay with her and want to separate without to apply divorce. I want to if christian marriage certificate is valid to complaint in police station. Or else both can separate without applying divorce. Her marriage certificate is not registered in register office. Kindly suggest me that can go for legal case? My sister also do not want to stay with him. He was beating her badly and his mother too.
1)marriage certifcate is valid to file complaint before police station
2) non registration does not affect validity of marriage
3) your sister can file DV case against husband seek protection order, maintenance, alternative accommodation and compensation for mental torture undergone by her
4) your sister can also file police complaint under section 498A of IPC against husband / MIL for continuous acts of cruelty
Dear Querist
Marriage Certificate issued by Father of church is a valid documents and based on that documents it is deem proved that there is a matrimonial relationship between your sister and her husband.
if there is any domestic violence has been committed by him against your sister then she may file a criminal complaint against him before the criminal court u/s 12 of Protection of Women from Domestic violence Act-2005 and also claim protection, right to residence, monetary relief, child custody if any and compensation as per section 18,19,20,21 & 22 of The Protection of Women from Domestic Violence Act-2005
She may also file a maintenance case u/s 125 of Cr.p.C. before Family Court and claim maintenance if she is unable to maintain herself.
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She wants to complaint in women rights. Is it fine? Thank you for answer.
lodge police complaint in crime against women cell against husband
Your sister can very well complain the issue with the police for tortures and harassment.
She can decide about filing a divorce case also.
She wants to complaint in women rights. Is it fine? Thank you for answer.
Yes she can even prefer a complaint with the mahila commission too seeking relief