badrinarayan 27 February 2015

Documents required for filing divorce

My marriage has run into problems and I am thinking of filing for divorce as my wife and myself have been living separately for more than 2 years and have not consummated the marriage and have been living separated over an year. My wife and her parents are not cooperating nor talking to us. Mediation has also failed.

The marriage ceremony was held in a hindu temple, it was not registered. The temple is closed now. It was a very simple ceremony attended by about 20 people from both sides. There was a photographer from my wife's side who took pictures at the ceremony.

They never showed us the pictures nor are willing to share them with us. All I have is a wedding card which we had printed. Since the marriage is not registered and I do not have any photos can I file divorce petition with just wedding card? Please advise.

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5 Replies

saravanan s (legal advisor) 27 February 2015

Yes the evidence you have is enough.since the marriage is not consummated you can file a case to declare the marriage void and null

badrinarayan 28 February 2015

Sorry there was error in facts stated in my post. We were married 2 years ago and have been living separately for 1 year

manjunatha (engineer) 01 March 2015

when u say u stayed with her for one year. how do u say not consummated. first file a case to declare the marriage void and null then u will come to know the fact.

Adv. Chandrasekhar (Advocate) 01 March 2015

If marriage is not consumated due to her impotency, then only you will succeed in annulment case. So be cautious.

Once you file matrimonial case seeking either annulment or divorce on the basis of the documents available and also self affidavit saying that the marrige was solemnized, if she comes in the court and says that the marriage was not solemnized, then you should readily agree, so that the marriage will be declared null and void and both will be free to pursue your future.