Obtain lost marriage certificate
I got married October 2002 in Kolkata and I am living overseas over 15 years and I am overseas citizen. I don't have any copy of marriage certificate , I am seperated over 14 months and want to lodge divorce but I do not have the certificate to lodge in Australia. My ex wife's parents arranged marriage register and I don't have any clue where she based in Kolkata. I remember register was a lady and located in South Kolkata.I need to have the certificate to lodge divorce ans settle property issue.
Asked 2 years ago in Family Law from Australia
Immediately appoint an advocate and get the certified copy of marriage certificate from registrar office
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Advocate, New Delhi
1. You do not require the certificate of marriage registration to file for divorce. Be that as it may, the certified copy of the marriage certificate can be obtained from the office of marriage registrar.
2. You can engage a Kolkata based lawyer to obtain the certificate for you.
1) even without marriage certificate you can file for divorce .
2) you can obtain duplicate copy of marriage certificate from marriage registrar office
3) contact local lawyer in kolkata
You can apply for the duplicate marriage certificate or copy of extracts of marriage register in which the marriage was registered. You may apply for it with the Registrar of marriage concerned. If the registrar office is unable to trace out the details, you may ask them to issue a reply to that effect and get a marriage affidavit duly notarised by Notary Public, along with the other documentary evidences and this affidavit you can apply for divorce as proposed.
marriage may be registered in any time after marriage but inordinate delay requires affidavit from both parties to the marriage.
You should file divorce petition on the ground of separation because in every case you have to execute divorce decree in india. so it is better for you to file divorce petition in india.
You can file a divorce suit at Kolkata or at your last residing with your wife. If the property is your name then wife has no property right in your life time and after divorce. You can send summon notice to your wife's last parental address and also publication a notice in newspaper.