Can I File A Case In Court Without A Marriage Certificate?

In India, marriage is a legally binding agreement in addition to being a sacred union. Yet, many couples, especially those married by religious ceremonies, go ahead without officially registering their marriages. This leads to a common issue:

Can I sue in a court if I do not have my marriage certificate?

If you are dealing with domestic violence, divorce, child custody, or maintenance issues, the good news is that the courts still hear and decide cases. Indian laws and courts accept relationships based on cohabitation, social customs, and evidence; not just on the documents. 

Why Is a Marriage Certificate Important?

Many of my clients ask this. While it’s not always legally required, a marriage certificate does make life easier when it comes to:

• Applying for passports or visas
• Claiming pension or insurance
• Seeking divorce, maintenance, or custody

However, courts do not deny relief if you don’t have one. There are various ways to prove your marriage.

I Want a Divorce – But I Don’t Have a Certificate. Can I Still File?

• Yes. I once helped a woman file for divorce after 10 years of marriage with no certificate. The court accepted her wedding photos, invitation cards, social media evidence, and witness testimony.
• Case Example: Badshah v. Urmila Badshah Godse (2014): The Supreme Court awarded maintenance to the wife even without formal marriage registration, based on their cohabitation and social recognition.

I Need Maintenance – But We Never Registered Our Marriage

• Section 125 CrPC/Section 144 BNSS allows a wife to claim maintenance from her husband. Courts have decided in favour of women even in marriage-like cohabitation.
• Case Example: Chanmuniya v. Virendra Kumar Singh Kushwaha (2011): The Court held that maintenance can be granted based on the nature of the relationship, not just legal formalities.

What If I Face Domestic Violence Without a Marriage Certificate?

• Many women hesitate to report abuse because their marriage isn’t registered. But under the Protection of Women from Domestic Violence Act, you don’t need a certificate to file a case.
• Case Example: Indra Sarma v. V.K.V. Sarma (2013): Given that the statute protects “relationships in the nature of marriage,” the Court granted protection to a woman living with someone else.  

Can I Claim Property or Inheritance Without a Marriage Certificate?

• Yes. I helped a widow claim her deceased husband’s property despite not having a marriage certificate. The court accepted community witnesses and joint financial records.
• Case Example: Tulsa v. Durghatiya (2008): The Court ruled that children from unregistered marriages are legitimate and have inheritance rights.

How to Prove Marriage Without a Certificate?

Here’s what I often ask clients to collect as alternate proof:

Marriage Ceremony Evidence

• Photographs of the wedding
• Video recordings of rituals
• Priest’s or officiant’s statement or affidavit

Invitations

• Printed wedding invitation cards
• Digital invites via email or WhatsApp

Witness Testimony

• Remarks from friends or family who were present during the wedding 
• Affidavits or oral evidence in court

Joint Documentation

• Joint bank account statements
• Shared insurance policies
• Rent or lease agreements in both names
• Ration card or utility bills listing both spouses

Social Media Posts

• Public wedding announcements on Facebook, Instagram, etc.
• Tagged photos or videos showing marital ceremonies and couple’s relationship

The relationship’s reality, not just a document, is what the court needs.

What Do Indian Courts Focus On?

Based on years of practice, I can say that courts prioritize facts over formalities. They consider:

• Whether the couple lived together
• Whether society accepted them as husband and wife
• Whether children were born to the couple
• Whether denying relief would cause injustice

Your case is based on lived reality, not just registration.

When a Marriage Certificate Is Mandatory?

There are some cases where a certificate is necessary:

• Foreign visa or spouse immigration cases
• Marriages under the Special Marriage Act
• Court proceedings in foreign jurisdictions

However, even here, you can often file a delayed registration or submit an affidavit.

First-Hand Example: No Certificate, Yet Justice Served

After the husband’s death, a couple representing Uttar Pradesh approached me. His wife was denied her rightful share in his property. She had no certificate. We submitted evidence like wedding photos, a joint bank account, and witness statements. The court ruled in her favour.

Key Supreme Court Judgments Supporting Unregistered Marriages

• Badshah v. Urmila Godse (2014): The Supreme Court held that maintenance can be granted under Section 125 CrPC even if the marriage is not registered, prioritizing the woman’s welfare and cohabitation evidence.
• Chanmuniya v. Virendra Kumar Singh Kushwaha (2011): The Court ruled that a live-in partner in a marriage-like relationship is entitled to maintenance under CrPC 125, promoting a welfare-oriented interpretation of the law.
• Indra Sarma v. V.K.V. Sarma (2013): It was held that the Protection of Women from Domestic Violence Act, 2005 applies to relationships “in the nature of marriage,” even without formal registration.
• Tulsa v. Durghatiya (2008): The Court recognized that children born from unregistered marriages are legitimate and entitled to inheritance and property rights under personal laws.
• Seema v. Ashwani Kumar (2006): The Supreme Court directed all states to make marriage registration compulsory, but clarified that non-registration does not invalidate the marriage.

Final Words: You Can Still Get Legal Relief Without a Certificate

It’s wrong if you’re thinking, “I probably can’t file a case because I don’t have a marriage certificate.”

Indian courts uphold your rights even without registration, provided you can show proof through other acceptable means.

Never be afraid to ask for assistance, regardless of the issue, divorce, domestic abuse, child custody, maintenance, or inheritance. Legal relief is still within your reach.

What Should You Do?

If you’re in this situation:

• Collect alternate evidence
• File an affidavit explaining the marriage
• Don’t delay filing because of paperwork concerns

One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.

FAQs

1. Is it necessary to have a marriage certificate to file for divorce in India?

No, filing for divorce in India does not necessarily require the marriage certificate. Courts accept other proof like wedding photographs, invitation cards, evidence of witnesses, and affidavit. 

2. Can I lodge a complaint for domestic violence without a marriage certificate?

Yes, you can lodge a complaint under the Protection of Women from Domestic Violence Act without having a marriage certificate. The application of this law includes any woman in a domestic relationship, including live-in relationships that approximate a marriage. 

3. Can children born from an unregistered marriage claim inheritance?

Yes, children born from a valid but unregistered marriage are considered legitimate under Indian law and are entitled to claim inheritance and property rights.