Is this marriage legal
rajveer
(Querist) 25 April 2014
This query is : Resolved
respected experts,
myself raj want to bring it to your notice that my cousin a catholic married a hindu girl in a temple and they never did a registered marriage,subsuquently they got an issue a baby boy and this girl used to harass my cousin from day 1 now she wants divorce from him,my query is-
a)as my cousin has not had a registered marriage is his marriage legal?
b)after divorce will he have to pay her alimony
c)she doesnt want my cousin to interact with the child and says she wants divorce to marry another man is it legal to do so
d)she is unempolyed but dosent want to give coustody to my cousin what will she feed the child so what does the law say?
these are a few queries I would like the esteemed experts to help us.
thanking you,
regards,
raj
V R SHROFF
(Expert) 25 April 2014
go for amicable settlement: Otherwise::
DV apply
Boy is liable for alimony, mtn, residence of wife & child probably Lifetime..
rajveer
(Querist) 25 April 2014
thank you Mr.Shroff for your prompt and valuable reply but on tecnical grounds is the marriage legal thats unknown and secondly the wife has not said anything about domestic voilence neither does she intent to,her stand is that she wants divorce so that she can remarry so if she remarries does alimony,mtn apply thereby?I would appreciate your clarification which will be helpful sir,
thanking you,
regards,
raj
ajay sethi
(Expert) 25 April 2014
marriage is not legal . both parties have to be hindus to be married under provisions of HMA . unless catholic has changed his religion marriage is not legal
rajveer
(Querist) 25 April 2014
thank you Mr.sethi for your prompt,valuable guidance,in your esteemed reply means if the marriage is not legal and both want to seperate for good then there is no need to apply for divorce in the conventional way as the case would be like a live-in relationship and both can part ways without formally going through the legal process....is this what the conclusion boils down to?would appreciate your valuable reply sir,
thanking you,
regards,
raj
Guest
(Expert) 25 April 2014
Since facts are not enough for appropriate guidance, a complex situation needs detailed examination and analysis on discussion of all relevant facts.
ajay sethi
(Expert) 25 April 2014
A Hindu Marriage between a Hindu and a Christian is void under the Hindu Marriage Act,1955, for a valid Hindu religious marriage both parties should be Hindu by religion
he Bombay High Court has held that a Hindu married to a non-Hindu in accordance with Hindu rituals cannot seek divorce under the Hindu Marriage Act.petitioner had no right to file such a petition under the Hindu Marriage Act and as such cannot seek any relief.
rajveer
(Querist) 26 April 2014
thannk you both Mr.dhingra and ofcourse sethi sir it was nice of you to help me out on my query,this issue is more clear now,thanks again,
warm regards,
raj
Guest
(Expert) 26 April 2014
You are welcome.
T. Kalaiselvan, Advocate
(Expert) 26 April 2014
In my opinion, the marriage can be held legally valid under the special marriage act though the venue for marriage was at a temple, thereby all the legal formalities for legal divorce have to be observed. Whether the marriage observed the Hindu rituals or not, the marriage held in the presence of public in a public venue namely temple can be held as legally valid under Special marriages act. Other formalities may follow suit as per the provisions of law governing the issue, so better consult a local lawyer and seek his advise/opinion by apprising the entire situation and facts of the case and then proceed.
