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Marriage certificate

(Querist) 13 October 2015 This query is : Resolved 
I got married on 6 Dec 2014. My husband has told me that he has a 2yr old kid from his old affair and I have to adopt the kid. I am not ready for that and up of this my mother in law is constantly abusing me and many a times donot allow me to eat food.
My husband donot come home many a nights and has confessioned that he has bought a flat for the other women.
My Husband and in laws have not registered the marriage. To proceed with Divorce is Marriage Certificate mandatory or is the Marriage pictures, Marriage Video enough.
If Marriage certificate is compulsory, then can my family (father) apply for the marriage certificate, if so what are the procedure.

Thanks,
Disha
SAINATH DEVALLA (Expert) 13 October 2015

Even if your marriage is not registered you can apply for divorce at place wherein your marriage was solemnised or where you are staying after marriage . you can rely upon your marriage invitation card , wedding photographs. Marriage is pious bondage in Hindu law. If you had married traditionally, then there is no need of registration. File your matter with affidavits mentioning the events showing yourselves a married couple. Go to the Court with clean hands and you will get the desired divorce,. Can U prove that he had an affair prior to the marriage and even a child born?

So knowingly well about UR husband's previous affair and the child,UR inlaws have suppressed it when U got married.
Rajendra K Goyal (Expert) 13 October 2015
Engage some private detective to collect adequate proofs of adultery of your husband.

You can lodge DV complaint against your mother in law and others.

Can file criminal complaint of adultery.

You have enough grounds for divorce, maintenance.
SAINATH DEVALLA (Expert) 14 October 2015
Well adviced by Adv Goyal
K.S.Srinivas (Expert) 14 October 2015
Without marriage certificate also you can go divorce. If you are interested, you can file DV case. Otherwise, you can go for divorce.
Disha (Querist) 16 October 2015
Thanks Sir, for the above advice.

What is a DV case?
No I do not have any proof of his affair and the details of that. Should I start collecting the details. Also, since I am far away from home, alone here, I am a little scared to hire a detective. What find of proof will I need.

Can I file the case in my home town, because we have thought it is better for me to go back to my mom's place and then start the process. I am married and now stay at Kolkata and my Mom's place is in Maharashtra.
Please advice.

Thanks.
SAINATH DEVALLA (Expert) 16 October 2015
As per section 27 of protection of women from domestic violence act you may file the d.v. case from your parents home.

27. Jurisdiction.—
(1) The court of Judicial Magistrate of the first class or the Metropolitan Magistrate, as the case may be, within the local limits of which—
(a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or
(b) the respondent resides or carries on business or is employed; or
(c) the cause of action has arisen, shall be the competent court to grant a protection order and other orders under this Act and to try offences under this Act.
(2) Any order made this Act shall be enforceable throughout India.


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