Divorce file...
joseph
(Querist) 23 July 2013
This query is : Resolved
Dear Experts,
I married a Girl from the Hindu Community and I'm from the Christian Community the marriage was done in a church with a Registered Pastor all the photographs and videos were taken during the marriage. But for our marriage both our parents was against. Now every thing was going well her mother use to come to visit now and then i though everything is settled down and her mother use to do a frequent visits now and then. But a year later my wife said she had her brother marriage and want to go and visit them and never turned back and sent a message stating that she will file for divorce, but i never received any divorce file or a lawyer notice all this had happened in 2009 and 2010.
now its almost three years I dont have any hope of her returning back. neither I dont have her message with me to retrieve as proof. I will like to file for divorce either through mutual concern or any other way. But we are not sure whereabouts of her as when we inquired her stay they said they are no more staying in the previous address. so we dont know where they are staying.
As well I would like to know the maximum duration that the court require to Issue the Divorce and as well is there any possibility that we can get at the earlist from the court like within months or weeks of Time. As this is very much effecting my carrier and in other things I would like to remove her name from the passport as my passport has her name under spouse.
Please provide some valuable information on this.
Thanking you all,
Joseph
Kiran Kumar
(Expert) 23 July 2013
Since both of you were from different religions, so the marriage should have been solemnized under the provisions of Special Marriage Act. Which probably had not been done in your case.
She must have been advised by some lawyer that since the marriage is nullity so she is not bound by it.
You may go for nullity of marriage for other documentary purposes. visit some local lawyer for immediate help.
Nadeem Qureshi
(Expert) 24 July 2013
if there is no conversion of your wife no need to file any divorce, you can file a simple suit for declaration of Null and void, annulment of this marriage, this marriage is ab initio void.
but if there is any conversion then you have to file a divorce case under Indian Divorce act.
there is no procedure to get divorce decree within month or week the court proceedings take time.
Feel Free to Call
Sudhir Kumar, Advocate 
(Expert) 25 July 2013
your marriage with hindu woman in church is illegal and the pastor can loose his profession.
He may be able to save himself by claiming that you misrepresented the fact before him.
Sudhir Kumar, Advocate
(Expert) 25 July 2013
You can get a degree of nullity of marriage.
Now what happens to you when you move for nullity decree:-
(I) you made that lady to believe to have married to you legally whereas there is no legally binding marriage which you will now prove in court.
(II) under such mistaken belief that lady consented to have sex with you. You will prove that you know that marriage is not there and she will defend stating that she believed to have married you legally.
This lands you in allegation for rape. The pastor who performed the marriage can also be taken in as abettor unless he alleges misrepresentation of facts on your part.
BUT MARRIAGE WILL BE NULLIFIED. Now it depends upon court whether maintenance is given or not.
Sudhir Kumar, Advocate
(Expert) 25 July 2013
repeated from http://www.lawyersclubindia.com/experts/Immigration--405321.asp
Sudhir Kumar, Advocate
(Expert) 25 July 2013
also repeated at http://www.lawyersclubindia.com/experts/Divorce--405261.asp
prabhakar singh
(Expert) 25 July 2013
Why repeated?Marriage is void.Decree of nullity is the relief.
joseph
(Querist) 27 July 2013
Dear Experts, Thank you all for the valuable comments to further clarify the question the pastor has issued a marriage certificate which states that UNDER SECTION 62 OF ACT XVI 1872 &SECTION 6&9.
Thank you all,
Joseph
prabhakar singh
(Expert) 27 July 2013
s.6.of the Act XVI of 1872 lays as
"6. Grant and revocation of licenses to solemnize marriage.— The Provincial
Government so far as regards the territories under its administration, and the Central Government so far as regards any Acceding State may, by notification in the official Gazette, grant licenses to Ministers of Religion to solemnize marriages within such territories and State, respectively, and may by a like notification, revoke such licenses."
Section 9 reads as "9. Licensing of persons to grant certificates of marriage between Native Christians.
— The Provincial Government or (so far as regards and Acceding State) the Central
Government may grant a license to any Christian, either by name or as holding any office for the time being, authorizing him to grant certificate of marriage between Native Christians.
Any such license may be revoked by the authority by which it was granted, and every such grant or revocation shall be notified in the official Gazette."
and it's section 62 runs to speak as"62. Keeping of register-book and deposit of extract therefrom with Registrar.— (1)
Every person licensed under section 9 shall keep in English, or in the vernacular language in ordinary use in the district or State in which the marriage was solemnized, and in such form as the Provincial Government by which he was licensed may from time to time prescribe, a register-book of all Marriage solemnized under this Part in his presence, and shall deposit in the territories under the administration of the said Provincial Government in such form and at such intervals as the Government may prescribe, true and duly authenticated extracts from his register-book of all entries made therein since the last of those intervals.
(2) Where the person keeping the register-book was licensed as regards and
acceding State by the Central Government, references in sub-section (1) to the Provincial Government therein mentioned shall be read as references to the Provincial Government to whose Registrar General of Births, Deaths and Marriages certified copies of entries in
registers of births and deaths are for the time being required to be sent under section 24, subsection (2) of the Births, Deaths and Marriages Registration Act, 1886."
prabhakar singh
(Expert) 27 July 2013
And nothing does it change in opinions.
It is all in one sentence mean simply that only licensed PASTORS can perform marriages
between two christians and would be authorised to keep register of marriage and to issue a certified extract therefrom.
It does not confer licensed PASTORS a right
that they can register marriages between parties from two religions as that can legally happen only under Special marriage Act.
That is why Mr.Sudhir kumar reacted that'pastor can loose his profession.'
That is that his licence can be revoked for registering a marriage he was legally not authorised to register.
NO MORE QUERY NOW IN THIS REGARD.
ALL OPINIONS GIVEN HERE BEFORE ARE VALID.
joseph
(Querist) 01 August 2013
Dear Experts,
Is there any Express court for these kind of cases. where we can have decision on the earliest. and Is there any possibility that we can fasten the process to the maximum early time.
ajay sethi
(Expert) 01 August 2013
no exxpress courts .
joseph
(Querist) 29 August 2013
Dear Experts, now that I filed in Family Court about my Divorce. What will be possible procedure will the court take. I mean how will they proceed further in the case they have alloted a serial number and said they will give file number. and my lawyer said we will issue a summon from court next week, how many summon will court issue and what will be the possible time they take in each summon to issue.
please help me in this.
Regards,
Joseph
joseph
(Querist) 26 April 2014
Dear Experts,
7 months back I filed for Divorce in family court, every month the court was issuing Summons and there was no reply for the summons sent, they are returning back stating addressee not available or not taking, in last hearing Judged said to send notice through person and gave 40days for hearing. Now the court has almost send 3 to4 summons and my lawyer issued 3 notices. Can any one please clarify how long will the court sending summons and still how long will these take. What might be the next possible decision will the court take. Kindly please suggest on this.
Thank you,
Joseph
V R SHROFF
(Expert) 07 May 2014
ASK UR ADVOCATE TO TAKE FURTHER steps. he knows.
