A friend of mine (please note it’s not me) needs to divorce her husband who deserted her. It’s been 3 years since the hubby left.

While leaving he carried the Marriage Certificate and other important documents belonging to the wife and he will not return them.

The wife now wants to institute divorce proceedings and needs to know whether a divorce can succeed without the Marriage Certificate. She also does not have a copy of the same. Any advise??

Am not a lawyer but in my layman's understanding, the certificate is just a paper to confirm that yes, there institution of marriage is recognised by the state.... loss/damage of the same can not stop a divorce from happening... its like saying, if i knew my husband wants to divorce me and i dont want, i can eat up the cert and viola, he is stuck with me for EVER! You can get a copy from Sheria house - i think.

Desertion/denying conjugal rights etc are grounds she can use - if they have exhausted all other avenues of reconciling.... However, divorce is usually a hard thing so she's got to be sure that is really what she wants... and also prepare the children too - if any children are involved.

Imagine if she filed the case and the hubby came up and denied that he was ever married to her.....asking her to show proof....

That would automatically serve her objective.... to sever the relationship

Unless she wants to take some of the matrimonial property.....

@mukiha,

I would assume you can get a copy from the registrar. That's how they are able to tell if you are committing bigamy when marrying officially for the second time....

no you can not....

you need to prove to the court...

that you are indeed married.....

the certificate confirms under what law...

you were joined together...

as it is by the same law...

you shall be divorced...

go to the registrar of persons...

you will get a copy...