Divorce in India: How to find it when the Marriage has not been registered?

 This blog talks about what happens if your marriage isn't registered and you still want a divorce, and how the divorce rules in India apply even without a marriage certificate.

Can One Obtain Divorced Without His/Her Marriage Being Registered?

Yes you may. In India registration of marriage is not essential as evidence of marriage but it is a requirement for divorce. The important part is that a marriage ceremony was conducted under the laws of a person or religion, such as a Hindu ritual or Muslim Nikah or a church.

For example, if Raj and Meena were married in a temple but never registered their marriage, they can still file for divorce under Indian divorce rules. Photos, wedding cards or witness statements will act as evidence of marriage in the court.

What do the Courts Do?

Courts go by the divorce rules India follows under various personal laws like the Hindu Marriage Act, Muslim Personal Law, or the Special Marriage Act (if married under court). You can apply to get a mutual or contested divorce even when you are not registered.

When a marriage is non-official, a judge can request additional documentation, as he or she needs to be sure a marriage took place. Therefore, having a piece of evidence of a wedding at hand is important.

Will It Have an Impact on My Rights?

No. Your rights to maintenance, alimony, or child custody are still protected under divorce rules in India. The idea of a registration is merely to make things faster but the absence of the same does not make you not get a divorce.

FAQs

Q1. Do I have to be registered to pay maintenance?

Yes. Relationships will be considered by the courts not only the documents.

Q2. Do the records have to be registered prior to filing?

It is not necessary, but it is beneficial.

Q3. Which regulations are there?

The Indian divorce rules depend on your religion or how the marriage was conducted