Divorce

SHASHANK P JAVKAR (Querist) 22 October 2012 This query is : Resolved
DEAR SIR/MAM, MY NAME IS SHASHANK I GOT MARRIED TO A BORI MUSLIM GIRL IN DECEMBER 2010. AT THE MOMENT OF MARRIAGE SHE HERSELF ON HER OWN WILL CONVERTED HERSELF IN HINDU CASTE IN ITS WRITTEN N SIGNED BY HER ON STAMP PAPER. BEFORE OUR MARRIAGE SHE HAD MARRIED TO A BORI MUSLIM GUY WHOM SHE HAD GVN DIVORCE BEFORE OUR MARRIAGE. NOW OUR THINKING DOESNT MATCH AND SHE DO THE THINGS EACH N EVERYTHNG AS HER PARENTS SAY THEY DISRESPECT ME A LOT ON NUMEROUS TYMS. AT THE TIME OF OUR MARRIAGE SHE HAD HAS WRITTEN AS UNMARRIED AS SHE WAS A DIVORCEE HER PARENTS FORCE ME A LOT N HER ALSO TO DO THNGS FROM THEIR CASTE. WE BECAME PARENTS ON 9TH THIS MONTH N ON MY KID ALSO THEY WANT TO FOLLOW BORI MUSLIM CASTE AND THIS WAS THE LAST TYM I CN TAKE IT SO I HAVE DECIDED TO PART WAYS IN A MUTUAL WAY I DNT WANT ANY HARASSEMENT IN FUTURE CAN U AL PLZ ADVICE ME WHAT WILL BE THE BEST WAY OUT OF THIS.

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Devajyoti Barman (Expert) 22 October 2012
If both of you want divorce then go for mutual divorce.
It is expeditious and less troublesome. Do incorporate terms regarding the visitation of the child if you so wish.

Advocate M.Bhadra (Expert) 22 October 2012
This is not a matter of Divorce,so far your marriage is concerned under Special Marriage Act if you did not have religion change and it is provision of laws that during the solemnized of marriage on suppression of facts or fraud turn to voidable marriage which may dissolved/annulment by a decree of nullity by the Court.So,you can file a suit for Annulment of marriage in Family or District Court and there is no considering matter of maintenance or alimony.

SHASHANK P JAVKAR (Querist) 23 October 2012
DEAR MINANSU BHADRA SIR I M REALLY THANKFULL FOR YOU ADVICE BUT SIR I WOULD LIKE TO KNOW AS MY WIFE HAS SUPPRESSED THE FACT OF HER PREVIOUS MARRIAGE IS IT A PUNISHABLE ACT CAUSE HER PARENTS HAD FILED A COMPLAINT AGAINST ME AT THE TIME OOF OUR MARRIAGE STATING THAT I WOULD SEND THEIR DAUGHTER FORCIBILY AT THEIR PLACE FOR DOWRI WHICH I NEVER DID SO I WOULD LIKE TO KNOW WETHE HER ACT IS PUNISHABLE ???

ajay sethi (Expert) 23 October 2012
she was divorced prior to marrying you . so she has not committed any offence .

SHASHANK P JAVKAR (Querist) 23 October 2012
THANKS FOR THE REPLY MR AJAY SETHI. BUT I WANA TELL YOU SIR THAT ON OUR MARRIAGE CERTIFICATE SHE HAS MENTIONED AS UNNMARRIED SO ISNT THAT AN OFFENCE CAUSE I DONT WONT HER TO BE IN ANY KIND OF TROUBLE IN WHATSOEVER MANNER JUST WANT IT IN A MUTUAL N CALM WAY

Guest (Expert) 23 October 2012
Dear Shankar,

Your doubt is untenable. Shri Ajay Sethi had already advised you correctly. Divorced girl is not treated as married.

Guest (Expert) 23 October 2012
Dear Shri Bhadra,

Mr. Shankar, in his query had already stated that the girl had already converted herself to Hinduism before her marriage. Also she married to a Hindu boy. Please review your opinion, if the marriage case still fell within the domain of Social Marriage Act at the time of solemnization of marriage.

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