Indian divorce fails because couple could not prove they were married

Divorce|News|December 11th 2012

A court in Delhi has dismissed an application for divorce with mutual consent because the couple could not prove that they were married to each other.
Rejecting the application, Additional District Judge Sujata Kohli pointed out that the couple had not produced an original copy of their marriage certificate and that the man had given the court five different addresses and been unable to prove his identity.
The judge said: “For these reasons in detail, this court is not satisfied that the parties have come before it with clean hands. They have failed to establish even the [fact] of their marriage and the identity of petitioner number one (man) – i.e. one of the spouses. I do not deem it a fit case to grant the decree of divorce as prayed,”
The couple claimed to have married in 2000 in Delhi but to have been living separately since December 2009. They said the divorce had irretrievably broken down. By the time the divorce petition was filed, the woman was said to living in Dubai while the man had reportedly moved to the US for work.
Photo of Delhi by Francisco Anzola via Flickr under a Creative Commons licence

Author: Stowe Family Law

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