If you are stuck in such a situation, here is what to do.

Ms. Priya, a young professional, married Mr. Rohan about three years ago in a ceremony held in a community hall in the city of Suryanagar. It was a love marriage, uniting two individuals from different cultural backgrounds. Unfortunately, the marriage was troubled from the start. Priya found herself being the primary financial provider, supporting not only her husband, who earned a meager ₹20,000 per month despite his MBA, but also his parents and his unemployed brother. Priya, earning around ₹80,000 per month, faced constant pressure from her in-laws to liquidate her gold jewelry and even borrow money from her own parents to settle their failing business debts.

The emotional and mental toll was immense, as Rohan provided no support and made no effort to improve his financial situation. After nearly a year and a half of enduring this hardship, Priya decided to move out. She has now been living separately for over a year, with no contact with Rohan for the last eight months. The critical issue is that while their wedding was celebrated with family and documented with photos and videos, it was never formally registered under either the Hindu Marriage Act or the Special Marriage Act. This has left Priya uncertain about her legal standing and the steps required to formally end the relationship and protect herself from future claims.

Advice in such cases

Navigating a separation can be complex, especially when the legal status of the marriage is unclear due to a lack of registration. Here is some general advice:

• Validity of Marriage: In India, a marriage solemnized through religious ceremonies and rituals as required by the personal law of the parties is considered legally valid, even if it is not registered. Registration is a procedural requirement for proof but not for the validity of the marriage itself.
• Necessity of Divorce: Since the marriage is legally valid, a formal decree of divorce from a competent court is necessary to dissolve it. Simply living separately does not automatically end the marriage legally.
• Gather Evidence: It is crucial to collect and preserve all evidence that proves the marriage took place. This includes wedding invitations, photographs, videos, and statements from witnesses who attended the ceremony.
• Document Everything: Keep a record of all instances of financial, emotional, or mental cruelty. This can include bank statements showing financial support provided, text messages, emails, and a personal diary of events.
• Consult with Lawyer: Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

Applicable Sections of Law

The primary laws governing such a situation are civil in nature. The key legal provisions include:

• The Hindu Marriage Act, 1955: If both parties are Hindus, this Act applies. Section 13 provides grounds for a contested divorce, such as cruelty and desertion. Section 13B allows for divorce by mutual consent if both parties agree to separate amicably.
• The Special Marriage Act, 1954: This Act applies to inter-faith marriages or civil marriages. It has similar provisions for contested divorce (Section 27) and divorce by mutual consent (Section 28).
• Proof of Marriage: The Indian Evidence Act, 1872, allows for various forms of evidence, including photographs, videos, and witness testimony, to prove the existence of a marriage in court.

If you are the complainant

If you are the one seeking to end the marriage, you are the petitioner or complainant. Your course of action would be:

• File a Divorce Petition: You need to file a petition for divorce in the Family Court that has jurisdiction over your case (usually where the marriage was solemnized, where the respondent resides, or where you last resided together).
• State the Grounds: The petition must clearly state the grounds for seeking the divorce, such as cruelty (mental, emotional, financial) and desertion (as your husband has not made contact and you have been living separately).
• Submit Evidence: Attach all evidence proving the marriage and the grounds for divorce with your petition.
• Seek Relief: You can also ask the court for other reliefs, such as a permanent injunction to prevent any future financial or legal claims from your husband or his family.
• Consult with Lawyer: Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

If you are the victim

If a divorce petition has been filed against you, you are the respondent. Here’s what you should do:

• Receive the Summons: You will receive a legal notice or summons from the court informing you of the case filed against you. Do not ignore it.
• File a Response: You must file a written statement or reply within the time limit specified by the court, admitting or denying the allegations made in the petition.
• Present Your Case: You have the right to present your side of the story and submit your own evidence to counter the petitioner’s claims.
• Counter-Claim: If you have your own grounds for divorce or other legal claims against your spouse, you can file a counter-claim within the same case.
• Consult with Lawyer: Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

How the police behave in such cases

Divorce is a civil matter and is handled by the Family Courts, not the police. The police generally do not have a role in the divorce proceedings themselves. However, their involvement may be required in specific situations:

• Criminal Complaints: If there are allegations of criminal offenses like domestic violence, dowry harassment (under Section 85 or 86 of the Bharatiya Nyaya Sanhita, 2023), or criminal intimidation, a separate police complaint (FIR) can be filed.
• Enforcement of Court Orders: The police may be called upon to enforce court orders, such as a restraining order or an order related to child custody.
• Mediation: In some instances, parties may be referred to a Crime Against Women (CAW) Cell for counseling or mediation before formal legal proceedings begin, but this is not a substitute for a court divorce.

FAQs people normally have

Since the marriage was never registered, do I still need a legal divorce?

Yes. If the marriage was solemnized with proper religious rites and ceremonies, it is legally valid. Therefore, a court-issued divorce decree is mandatory to legally dissolve it.

Can wedding photos and videos be considered proof of marriage?

Absolutely. Wedding photos, videos, invitation cards, and testimonies of guests and the priest who performed the ceremony are all strong pieces of evidence to prove the existence of the marriage in court.

What is the legal process, and how can I protect myself from future claims?

The process is to file a divorce petition in the Family Court. To protect yourself, you can request a full and final settlement of all claims (alimony/maintenance) as part of the divorce decree. Once the court passes the decree, it legally severs all marital ties and obligations, preventing future financial or legal claims from your ex-spouse or their family.

What evidence is required?

To successfully file for divorce and protect your interests, you should gather the following evidence:

• Proof of Marriage: Wedding photographs, videos, invitation cards, and affidavits from people who attended the wedding.
• Proof of Cruelty: Text messages, emails, call recordings, or witness testimonies detailing the mental, emotional, and financial harassment. Bank statements showing you were the sole provider can serve as proof of financial exploitation.
• Proof of Separation: Rental agreements, utility bills in your name at your new address, or any communication that establishes the date you started living separately.
• Financial Records: Your salary slips, bank statements, and any documents related to the debts of your in-laws that you were pressured to pay.

How long will the investigation take?

Divorce is a judicial proceeding, not a police investigation. The duration depends on the type of divorce:

• Divorce by Mutual Consent: This is the fastest route. After filing the first motion, there is a mandatory six-month cooling-off period. The entire process can be completed in about 6 to 18 months.
• Contested Divorce: This takes much longer as it involves multiple stages like filing petitions, replies, evidence, cross-examination, and final arguments. A contested divorce can take anywhere from two to five years, or even longer, depending on the complexity of the case and the court’s workload.

Advocate Sudhir Rao, Supreme Court of India