• Divorce

I got married to my boyfriend, 4yrs back, in Arya samaj mandir MUMBAI, and now I want to leave him. We never stayed together at one place. He used to visit me once in a while and We had physical relationship. And I don't have any documents or photos or proof of marriage with me but he had those documents. And he is not ready to give to me to file divorce. Marriage is not registered at court. 
1) Is it legally considered as marriage? 
2) if it is considered as marriage, how can I file divorce without these documents? 
3) if I should get documents to file divorce, how to get them, he is not giving? 
4) if I put divorce, how much time it will take, because he is not accepting?
Asked 5 months ago in Family Law from Davanagere, Karnataka
Religion: Hindu
1) you can file for divorce on grounds of mental cruelty 

2) contested divorce takes 5 years 

3) non registration does not affect validity of marriage 

4) you can rely upon marriage photographs and marriage invitation card to prove marriage 

5) apply to arya samaj  for duplicate marriage certificate 
Ajay Sethi
Advocate, Mumbai
35390 Answers
1963 Consultations

5.0 on 5.0

1.Yes, marriage before Arya Samaj is valid marriage and governed by Hindu MARRIAGE aCT.
2. If marriage is admitted then filing of marriage certificate is not compulsory for filing divorce suit.
3. File the div0rce suit without those. It is permissible.
4 It may take around 4-6 years..
Devajyoti Barman
Advocate, Kolkata
9450 Answers
114 Consultations

5.0 on 5.0

You should be having some evidences of your marriage.
You can contact the arya samaj temple at Mumbai for any copy of the marriage receipt etc or any evidence available in that place.
You can file a divorce case without documents stating that he has the documents and he may asked to produce the same during trial proceedings. 
The divorce case if contested may take atleast 2 to 3 years. 
T Kalaiselvan
Advocate, Vellore
25420 Answers
249 Consultations

5.0 on 5.0

1. You married him, the documents of marriage are with him. SO it is surely a legally valid marriage. You are free to apply for divorce even if you have no documents of marriage.

2, A certified copy of the marriage registration certificate can be obtained from the office of marriage registrar by you.

3. If he decides to contest your divorce petition then it may take around 2 years for the matter to be decided by the court.
Ashish Davessar
Advocate, Jaipur
21382 Answers
572 Consultations

5.0 on 5.0

1) Is it legally considered as marriage? 

if you have taken saptpadi or seven step before the holy fire then marriage shall be treated as solemnized u/s 5 of hindu marriage act. if only formality was performed then this marrage is invalid and no need to get divorce. 
Shivendra Pratap Singh
Advocate, Lucknow
4240 Answers
60 Consultations

4.9 on 5.0

1) if you have physical relationship with another guy yuour husband can file case of adultery against him under section 497 of IPC 

2)law regards lady as victim . no case is maintainable against you 

3) your husband can however file for divorce on grounds of adultery 

4) as long as marriage subsists if you have physical relationship your boy friend would be in trouble as case can be filed against him for adultery 
Ajay Sethi
Advocate, Mumbai
35390 Answers
1963 Consultations

5.0 on 5.0

1.  Physical intimacy with a person outside marriage is called act of adultery.This is punishable, if the husband of the wife initiates action against her paramour.
 2. If your husband collects evidence and lodges complaint with the police, your paramour may be remanded and punished if proved guilty.
3.  Divorce case is not a shield to protect you from legal onslaughts
4. Erase or destroy the evidences of your physical relationship and be careful in future too about this to not to leave any evidence until you are legally divorced from your husband.
T Kalaiselvan
Advocate, Vellore
25420 Answers
249 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a Lawyer