Dear Learned Members,
Kindly go through the below case given in precise -
'X' (female) has been misrepresented by 'Y' (male) introducing himself with false identity, trapped her, took her away (eloped) and married her by only tieing yellow thread (mangalasuthra), where the marriage has no proofs like photos / videos / registration / presence of relatives etc. They have started their family life which has been extended to 15 years giving birth to 3 children. 'Y' is drunkard and has no job / business. 'X' is an employee. Though 'Y' used to harass 'X' s*xually, physically and mentally during all this term, she beared all those as she felt that there is no other alternative in initial years and for the childrens future for rest of the years. Now 'X' wants to go for divorce. The only proofs that 'X' and 'Y' are wife and husband is the school admission records of children which specifies the father name and their family photo.
Now, kindly clarify -
(1) Whether 'X' can go for divorce with this unregistered marriage.. If so, are the above mentioned proofs sufficient?
(2) Kindly quote some case laws of similar cases in Indian courts.