• Divorce in case of no marriage certificate

I got married in India a few months back and I am currently residing in USA. Unfortunately the relationship between my wife and I isn't working out. We are considering a mutual divorce. However we never signed any marriage certificate in India or in the US. It was just a traditional Hindu wedding. I was wondering if we still need to file for an official divorce since there is no alimony etc or any registered record of our wedding.
Asked 6 years ago in Family Law
Religion: Hindu

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20 Answers

Non registration does not affect validity of marriage 

 

2) marriage invitation cards , wedding photos are sufficient to prove marriage 

 

3) you need to file for divorce by mutual consent for dissolution of your marriage 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1) you need court orders for dissolution of marriage 

 

2) second marriage during subsistence of earlier marriage is illegal 

 

3) you can execute POA in favour of family member for filing for divorce by mutual consent 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You need to file mutual consent divorce in India and seek decree

 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

If you are married in the custom way in the India as per Hindu Marriage Act than it's valid and for that no need of proof of marriage certificate.

If your wife has anyone government documents where it's say she is your wife than she file case in India for alimony and maintenance.

 

If you both are living in abroad so kindly get MOU signed of Mutual Consent Divorce and get signed of judge of foreign country or Indian Embassy.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Hello,

Whether the marriage is done by registering it or in a traditional way it doesn't matter. You both have file a divorce after one year in India and you have to be present in person.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

a short cut way would be what you just stated. But of you married again and  then you had a visa problem or it is specifically asked whether you were married before you have to tell a lie. Moreover you first wife may raise this issue at any point of time. These are just things that could happen or not so act accordingly.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

See even if the marriage is not registered it is valid and you need decree of divorce for same. So you have to file for divorce before the court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If your wife is in the USA then file a divorce petition there on no fault ground.

It can be filed through a power of attorney in India.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. Eventhough there do not exist Marriage Certificate, still it's true that you are married in the eyes of your friends and relatives.

2. At the moment, both of you may feel that there are no commitments like Alimony/Maintenance, etc, but if you part without a divorce decree you can't restart your life afresh, getting remarried and if you remarry, you may have to face legal action for remarrying without obtaining divorce from the first marriage.

3.  It can be filed remotely by giving Vakalath to the Advocate, but your presence will be essential for one or two times.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

You can file divorce through power of attorney. See as per law you need to file for the divorce to get legally separated.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Registration of marriage is not mandatory in India. Even unregistered marriages have full legal validity. Therefore, getting a decree of divorce is essential to dissolve the marriage even if it was unregistered. 

 

You can file for divorce by way of mutual consent in USA as divorce decree by a foreign Court by way of mutual consent is fully enforceable and binding in India for the marriages that have been solemnized in India.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

If you remarry during the subsistence of your first marriage and without decree of divorce, you will be liable for an offence of bigamy which is a serious offence under section 494 of the Indian Penal Code.

Formal procedure of getting a decree of divorce might be tedious but is indispensable. If you are not thinking of  getting remarried, then no formal decree is required.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Yes you need to take official divorce. 

Marriage as per the hindu rituals is sufficient to constitute a legal marriage 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If both the parties do not have any issue and are ready to part ways and are very sure that both the parties will not intervene in future then you may do the same as well 


But it is always advised that you take proper divorce 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Non registration dose not effect validity of marriage. Both can file divorce in US too.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. You have got married in India by following Hindu rites and customs which can not be denied by you at any point of time for which you are legally considered as husband and wife.

 

2. You shall have to legally get the decree of divorce from the Court of law for parting ways.

 

3. Negotiate with him and file a mutual consent divorce petition after completion of one year of marriage showing that you never stayed together, which will, be disposed of within in 6 & 1/2 months after the date of its filing.

 

4. Never take the risk of considering you as not married to him since the marriage was not registered and act further by remarrying since it might land in to serious problem later on. 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Even if the marriage is not registered, you have to seek divorce by filing a divorce petition before the family court. She can claim maintenance if she is not able to maintain herself. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

First of all be aware that once your marriage is solemnised as per rituals it is a legally valid marriage.

You cannot escape the liability stating that since marriage was not registered hence not valid.

 

In India you have to wait for one year separation to file mutual consent divorce.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You are questioning the law without understanding it.

Law is common for all.

You have to obey the law of the land and cannot talk logic.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Client 

You don't need a marriage certificate to get the divorce as A marriage done by hindu rights and rituals is valid even without marriage Certificate.

You have to file the mutual divorce petition in US family court.

Hire some attorney in US and file the divorce.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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