Divorce

G.ALWARSAMY SIVAKUMAR ADVOCATE (Querist) 15 August 2013 This query is : Resolved
A male christian married to Hindu female as per hindu form of marriage and not registered the marriage with appropriate authority.
Q. Husband wanted to divorce wife? What shall husband do to get divorce from the Court.Which law to be applicable for divorce proceedings, either Hindu Law or Christian Law?

Follow Query

Report Abuse

Devajyoti Barman (Expert) 15 August 2013
If marriage was performed under Hindu rites and customs including performance of Saptapadi, the HMA would apply.

ajay sethi (Expert) 15 August 2013
BOTH THE PARTIES MUST BE HINDUS TO BE MARRIED UNDER HINDU MARRIAGE ACT

YOUR MARRIAGE IS VOID UNDER HMA

ajay sethi (Expert) 15 August 2013
Hindu-Christian marriage invalid under Hindu Act: SC
PTI Dec 6, 2008, 07.05pm IST
NEW DELHI: Marriage between a Hindu and a Christian is invalid under the Hindu Marriage Act, as the Act provides for only Hindu couples to enter into a wedlock, the Supreme Court has ruled.

A Bench of Justices Altamas Kabir and Aftab Alam upheld the judgment of the Andhra Pradesh High Court which nullified a marriage, after the wife, Bandaru Pavani, a Hindu, claimed that her husband, Gullipilli Sowria Raj a Christian, had misled her by pretending to be a Hindu and married her at a temple.

prabhakar singh (Expert) 15 August 2013
Your's is obviously a case of no marriage at all.
It is void and a nullity.

Such a marriage could be performed only under Special Marriage Act but that was not done in your case.This is the only secular statute whereunder inter religion marriages can be performed.

Rajendra K Goyal (Expert) 15 August 2013
Marriage is null and void.

G.ALWARSAMY SIVAKUMAR ADVOCATE (Querist) 18 August 2013
Pla inform me under what act divorce has to be applied

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries