divorce

Querist : Anonymous (Querist) 07 December 2010 This query is : Resolved
Hi,

My cousin was in marriage for 6 years and it was an inter religion marriage

now for nearly 1.5 yrs they have been living separately now she wants to get legally separated but knows that her husband will not agree for it, please advice on following points

1. what is the best way she can use amicably
2. they do not have a marriage certificate
but they have some legal document on stamp paper is that a enough proof of marriage
3. they had done a registered marriage but she has no details of it ( how can she find out and what is it she can do)

Thanks

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Devajyoti Barman (Expert) 07 December 2010
1. Go for mutual divorce u/s 13B HMA.
2. Marriage certificate is not required for marrriage under HMA.
3.For filing such suit, the certificate is not mandatory.

Kirti Kar Tripathi (Expert) 07 December 2010
agree.

Parveen Kr. Aggarwal (Expert) 08 December 2010
If both the parties to a marriage are not Hindus then petition for divorce will have to be filed under the provisions of the Special Marriage Act, 1954.

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