Daniel (Employed) 04 July 2016

Church marriage certificate legal in court for divorce?

Hi i had filed for divorce on grounds of metal cruelty and harassment 2 years ago. Mine was arranged marriage in church. For which we got the marriage certificate from the church, but we didnt register the marriage withe the government registrar as within 30 days itself things turned sour and we parted our ways. My question is simce the marriage is not registered with government so do i have to go through the common legal battle in court or the church priest can annul the marriage since the certificate is issued there only. Please advice.

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6 Replies

Vijay Raj Mahajan (Advocate) 04 July 2016

You have to file proper petition for dissolution of marriage under section 10 of the Divorce Act against your spouse in the Family Court. Your Christian marriage is valid and Church certificate is sufficient proof of marriage under the Christian Marriage Act 1872. Annulment proceedings too can be filled in Family Court for decree of nullity not in the Church.

Mohini (housewife) 04 July 2016

MR. VIJAY RAJ MAHAJAN, Respected Sir, My self hindu,i am surprised to say that many advocates saying that divorece on stamp paper and registered in sub registrar office is legal, when problem arise same advocates saying this is not legal but court divorece is legal., whether law is seprate for each state, or in hindu , pls let me know what is the fact. my one of friend married lady who is having divorece on stamp paper and registered in registered office pls hlep, now she demanding alimoney for her for her daughter born from previous husband and as per her registered divorece she taken alimony for both from previous husband m whether law is totally in favour of lady, she can take more times alimony for her and for her daughter..pls help. Thanks

Daniel (Employed) 04 July 2016

Thank you Mr Vijay Raj for you valuable inputs. I have already done that and now its in the stage of expartee. I just wanted to clearify this as one of my friend suggested me that church certificates are not accepted by court anymore and they require only govt registerar certificates. And now since my case is in "for orders". Now roughly how long will it take for the judgement to be passed and for me to remarry?. Thank you.

JustAdvisor (IT) 04 July 2016

@Mohini - Please open a separate thread for your query. nevertheless, presuming you are a Hindu by your name you cannot divorce by executing an agreement. Divorce has to be pronounced by a competent court based on provisions of Hindu Marriage Act. Even Christians have to obtain a decree under the Divorce Act.

Mohini (housewife) 07 July 2016

Respected Just Advisor, Thank for your reply. Sure i am Hindu., and the detail given is fact. My friend is widower ( male ), he married , the girl side said she id divorecee,she was having one daughter from previous husband., My friend agree because he also having two kids form his first wife.But within a month problem arised, her paents came and she went left with lot of clothes, cash and jewellery. After one month when she demand maintaince at that time The Judges said that submit your last divorece copy at that time we came to know that she is having divorece on stamp paper and registered office.From that we came to know following things.

a.On first husband she filed 498a and other cases.( now she threating us for 498a )

b.From that husband she take full and final for her and her daughter by cash.

But now few days ago we came to know that on her daughters admission she shown name of daughter same bur on surname she given her parents name , but shown column as father not gaurdian.

pls let me know from how many time on all husband she can file 498a.

how many times she can claim maintaince and alimony for her and for her daughter.,and how she can give name of her daughter name original father and her parents surname.

Pls advise.

Thanks.

m.kameswaran (student) 14 August 2016

to mohini. she must get divorce from the concern court . divorce on stamp paper and registered is not valid one . already u got full and final alimony from your husband . so u cannot claim further. and u cannot marry another man without getting divoce properly from ur firsr husband through concerned court . it will lead bigamy . further ur daughter cannot use present father for her surname. father to whom she born, his name only valid to use as surname and the second father is always guardian.