• Do I need to get a divorce

I was in a live in relationship with very limited time intermittently together with a man. But i got a child from him. I haven't seen him for more than 4 years now & i don't know where he is. I am in a real love relationship with an Indian born foreign citizen since Two & half years. Will i able to get a "Single Status Certificate ". Or do i need to get a divorce certificate to for a marriage. In my past live in relationship time i applied for a passport and he did force me to get his name(my ex boyfriend) in spouse column. But later in my new passport its been removed with an affidavit(annexure form). I hope you will kindly give me an answer. Thank you. BJ
Asked 7 years ago in Family Law
Religion: Hindu

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9 Answers

1) no marriage was solemnised with your live in partner

2) you were not his legally wedded wife

3) there is not question of obtaining divorce

4) you dont need divorce certifcate

5)you should get single status certifcate

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1. Live in relationship is not marriage and hence divorce is not required.

2.Since the child is illegitimate you can remain his single mother though no certificate would be issued.

3.if you marry your present boyfriend then he can adopt him and give his name to be his father.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

Dear Concerned,

No - as the marriage never happened - you need not to take Divorce , also as the only document to show the relationship with this man was the Passport which has been update. You may not need to get Divorce decree.

Additionally it may be difficult for you to get a Divorce Decree as you will not be able to show the marriage ever happened. In case you still need to have this document for some purposes. You may ki dly feel free to contact us through Skype of phone for a free Discussion on the same .

Best of Luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

1. You were not married to your said live in partner either by following religious customs and traditions or by any sort of registration.

2. So, you are not required to take any decree of marriage which can be taken only if there is an occurrence of marriage.

3. Your status is still Single in the eyes of law since you have not yet been married to any one.

4. You should get single status certificate as on date.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Since you were not legally married with your live in partner and his name does not exist in place of your spouse's name in your passport you do not require a decree of divorce under the Indian law. However, in so far as the legal position in UK is concerned you must consult a UK based lawyer.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

since you have not married your boy friend the marital status shall be 'single'.

There is no question of divorce or any reason to procure divorce certificate.

The child will alter your marital status.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

1)you are single and not married

2) since no marriage has taken place there is no question of obtaining divorce on basis of entries in some old passport

3)you cannot cancel old affidavit made by you

4) you dont need single status certificate

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

If his name has been deleted from the passport after submitting an affidavit in this regard, you may not worry about it anymore.

Since there was no marriage at all between you both, you cannot seek divorce for the marriage that was not solemnised between you both.

Just because is name was entered in the passport, it will not be a proof of your marriage.

You are not married to anyone hence you marital status is 'single', if you want to apply for a certificate to this effect you can but from which authority?

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

1. For applying for a decree of divorce, you are required to submit evidence of your marriage which you do not possess.

2. Your mentioning him as husband in the passport application form and then removing his name as husband against an affidavit submitted before the passport authority does not confirm that you two were married to make you eligible to seek divorce.

3. If there is no marriage, there cannot be any decree of divorce.

4. You are still a single as per law and is eligible to apply for a single status certificate.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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