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Anonymus (Sr Manager)     05 August 2012

Divorce without a valid marriage certificate/registration

I am planning on filing for a divorce from my husband. We go married in 2006 and both of us are Hindus. However, we did not go ahead with a Marriage registration, hence do not have a marriage certificate. This is a divorce by mutual consent. My questions are:

1. Do we need to register our marriage before filing for divorce? We have a wedding card and wedding pictures - would that suffice as evidence of marriage?

2. How much time does in take for the divorce to come through?

3. What are the estimated expenses for a divorce proceeding -- incl Lawyer fee, Court fee etc? Is it better to go through an independent practicing lawyer or a Law firm?

Thanks for the help.

 

 

 



Learning

 5 Replies

Tajobsindia (Senior Partner )     05 August 2012

1. No need to Register marriage at the time of opting for MCD.

2. Address proof of parties, PP size photographs of parties, wedding card and wedding snaps showing couples are enough.

3. Minimum cooling period is 6 months. Just on next day of cooling period end one can opt for Second Motion.

4. Independent practicing Advocate has less flab than Law firm(s). Fees depends upon your pocket read with his standing and value addition he may bring in. Normally via reference one is found. Or talking to few one can make up once mind.

1 Like

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     05 August 2012

1. You don't need to register your marriage the photographs and marriage card would do. 

2. If you've been married for a year - then you can file a MCD petition which is bifurcated in two motions - seperated by a period of at least six months - coloqually called cooling off period - enabling you to rethink decision after things cool down. 

3. Depends on the standing of your lawyer, you may have a single lawyer for both. 

4. Before going in for an McD try getting an MoU done - settling things in all possible details to rule out future problems. 

 

Feel free to talk !

1 Like

Akhilesh Arora (Advocate)     05 August 2012

For filing any proceedings under the Hindu Marriage Act including a petition for Mutual Consent for Divorce , you donot require registration of marriage as a pre-requisite condition. The photographs, wedding card would suffice proof of marriage.

Also as per the provisions, the husband and wife should have been living separately for one year or more at the time of filing the petition. Further your identity as well as residential proof would be required. The petition can be filed either before the court under whose jurisdiction the marriage took place or where you both last resided as a couple together.

The petition for divorce by mututal consent has to be filed in two motions. There has to be a gap of at least six months and a maximum of 18 months in between both the motions.  As rightly advised by Adv. Bharat Chugh above, an MOU should be prepared between the two of you settling all your claims inter se, and that no other liabilities shall remain between the two of you after obtaining this divorce.

Court fees are nominal. Lawyers fees differ from experience and calibre of each. It doesnt matter if you engage an independent lawyer or a law firm.

Any other queries kindly revert back.

Akhilesh Arora Advocate

+91-9891738112 

dbabu (homemaker)     01 February 2014

can anyone suggest some good successful divorce lawyers in chennai.can u give me an aproximate number for the fees category pls

Vijaya kumar   29 January 2016

My marriage life doesnt last for 12 days.. So not registered yet.. . What we planned is to get mutual aggreement (signature) for seperation with some witness on a stamp paper in front of advocate.. Is this sufficient. or Still I have to apply for legal divorce.

More over from girls side no one is giving time for discussion, All they want is seperation..

( quickly).. 

My parents are scared that she may file a false case against me (dowry, Physical torture, Sexual torture etc). So they want to wind up very quick without going to court.

 


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