Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mak (sale)     06 March 2015

Getting divorced by change of religion

Hello

 

I am Hindu & Permanent Resident of Canada.

 

I got married in 2009 under Hindu Marriage Act in India.

 

It is been more than 2 years we got separated and decided not to re-union. No kids

 

I tried for Mutual consent way of divorce long ago but it did not work out.

 

We already exchanged all belonging and ornaments on stamp paper duly notarized in presence of witness from both side one year ago. She was also presented on that event and signed stamp paper on receiving of all her belongings and it was also mentioned on stamp paper that that we both should not consider as husband and wife any more.

But i think based on that stamp paper i cannot legally marry to other as she can always challenge it.

I got my uncontested divorce decree from family court of Canada on ground of one year of separation.

She never been to Canada so as per my information my legal Canadian divorce decree will not be considered valid by Indian Govt/Law.

I want to know from all seniors to look in this situation and advise me on it.

 

(1) Is 2 years of separation is good enough to consider as ground to get me legal divorced in India family court without any hassle and in less time?

 

(2) What will the situation if i changed my religion from Hindu to Muslim / Christian to dissolved this relationship legally? What and where is the best way to do this conversion of religion (in India or in Canada) if it is feasible option for me? What are Pros and Cons of this way ?

 

 

Your valuable advice will be much appreciated.



Learning

 7 Replies

Shantanu Wavhal (Worker)     06 March 2015

But i think based on that stamp paper i cannot legally marry to other as she can always challenge it. (absolutely correct)

 

I got my uncontested divorce decree from family court of Canada on ground of one year of separation.

She never been to Canada so as per my information my legal Canadian divorce decree will not be considered valid by Indian Govt/Law.(absolutely correct)

 

I want to know from all seniors to look in this situation and advise me on it.

 

(1) Is 2 years of separation is good enough to consider as ground to get me legal divorced in India family court without any hassle and in less time?(NO & yes too)

 

(2) What will the situation if i changed my religion from Hindu to Muslim / Christian to dissolved this relationship legally? What and where is the best way to do this conversion of religion (in India or in Canada) if it is feasible option for me? What are Pros and Cons of this way ? (absolutely WRONG ... only option = get divorce decree)

 

 

Your valuable advice will be much appreciated.

saravanan s (legal advisor)     07 March 2015

two years of continuous seperation  amounts to desertion and can be considered as a valid ground for divorce but the desertion needs to be wilful from your wife side and should not be constructive desertion which means you shouldnt have forced her to move out of the matrimonial home

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     07 March 2015

Dear, You have to contest the divorce on merits and get a decree from the court ..... Is your wife litigating against you in any of the courts in India ? Religion change won't be helpful . Kapil Chandna Adv 9899011450

Mak (sale)     07 March 2015

Thanks for reply Mr Amit, Saravanan.s and Kapil.

To Mr. Kapil: No there no any litigation against me in any court in India.

To Mr. Saravanan : I did not forced her moved out of matrimonial home . She willing left home.

What are best ways then for me.

 

 

 

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     07 March 2015

Dear, If are saying that indian divorcee decree is not good in India on what basis..... Does she have any dispute regarding the decree and all .... Because if she is not having any dispute regarding the Canadian court decree then you can get it applied the same decree in India..... Kapil Chandna Adv 9899011450

saravanan s (legal advisor)     07 March 2015

she must have left the matrimonial house by herself for wilful desertion and you must be able to prove it in court and another thing is you are your parents must have asked her to return to matrimonial home after she left for which she must have refused repeatedly and you must have proofs for all these.

T. Kalaiselvan, Advocate (Advocate)     10 March 2015

If she has voluntarily left the matrimonial home on her own for the reasons known to her alone, and the separation is more than two years and there has been no cohabitation between you both for two years upwards, these constitute valid grounds for divorce.  However the contested divorce takes its own time, you have to go by the court.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register