Divorce for an unregistered marriage


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.

 

Kind Regards

Radha

 
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director

if u go for divorce  and file divorce petition in court, ,,, court wont ask you the proof of marriage utill Y denied to be your husband?

there is no need for marriages to be registered to file for divorce.


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Advisory/Advocacy

Yes Divorce can be filed, Unregistered marriage holds good until not objected to on the grounds of validity...In your case the evidence support the existence of marriage....

 

 

Regards

 

Chetan(dot)7679(at)gmail(dot)com


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Please explain me if her husbavd states it was live-in reltionship as no other material evidence and oral represenation available to her. Then divorce is an option??

 
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director

if her hubby  explain this as live-in.. and she dont need divorce, because she is not married.

 
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Thankyou all for your contribution. Kindly let me know the case-laws / judgements in such relevant cases

 
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