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P I Joseph Mariya Raju   17 August 2017

which sec is applicable &how to proceed sir

A Christian boy married hindu girl at a hindu temple(without conversion)certificate is also given by the temple.After 1 year wife is not interested, went to parents,not willing to live with husband,he filed RCR sec 9 of hindu act the judgement is ,void marriage so RCR dismissed. what can husband do can file null void petition under hindu act or divorce sec27 under spl marriage act or else plz answer.


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 4 Replies

Raveena Kataria (Advocate )     17 August 2017

Since the husband is Christian, the marriage couldn't have been solemnized as per the Hindu Marriage Act (both parties have to be Hindu for a valid marriage; section 2.) Neither has this marriage been performed as per the provisions of Special Marriage Act, for instance, it was also required by the two parties in question to send a notice to the marriage officer of their district (section 5) and wait for a month before the marriage could have been solemnized.

As neither of the above seems to be the case, the husband is not entitled to relief under any of these acts.

P I Joseph Mariya Raju   18 August 2017

Sir can i go through indian divorce act at honorable district judge

Adv Radhika Mehta (Advocate)     18 August 2017

You can file a Declatory suit under the Specific Relief Act

Dr J C Vashista (Advocate)     20 August 2017

The temple shall not issue marriage certificate solemnised without conversion of a Christian to Hinduism. If it has issued the certificate is invalid.

A hypothetical and concocted question paper.


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