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Soumya (Marketing)     10 July 2013

Divorce rules

I got married in 2005. but could not register our marriage. I have a 7 year old son. Will get the coustody of my child. We are seperated since 5 years(2008). I would like to know if I cant get divorced without marriage certificate. Im not sure if my husband will be ready to give divorce. But since 5 years we are not in contact & he is out of city. And what is the time frame to get divorced. please let me know the rules & regulations for the same.

Please help me.

Thanks



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 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     10 July 2013

Marriage certificate is not mandatory if other evidence of marriage is there. Contact your husband and convince him for MCD so that you can get divorce in 6 months.

Soumya (Marketing)     10 July 2013

Thankyou madam... But I would like to know about the coustody of my child. During these 5 years he never met my son. I dont want to hadover him to my husband.

 

Thanks & regards,

Soumya


(Guest)
Originally posted by : Soumya

Thankyou madam... But I would like to know about the coustody of my child. During these 5 years he never met my son. I dont want to hadover him to my husband.

 

Thanks & regards,

Soumya


Do not worry. Kid will be with you. Court favors kid to be with mother.

Ria (Legal)     10 July 2013

If in these 5 years your husband has not met his own child , it is a clear evidence of neglecting the child and not wanting the child. The child was cared for and maintained by you, both in terms of his emotional and economic needs for all these years. All these years you have brought your son up as a single parent without any support from your husband.

First check if your husband agrees to a divorce by mutual consent and is ready to pay for the child's and your maintenance.

If not file for divorce and convince the court of the above facts. The court will always consider the welfare of the child while granting the custody.


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