WHICH LAW APPLICABLE?

Rajan Salvi (Querist) 04 December 2008 This query is : Resolved
A, a protestant christian married B a hindu as per Hindu marriage rites. They have two children who are brought up as hindus but there school record shows them to be christians. Children live with mother and father lives alone. There seem to be no chances of reconcialation. If husband files for divorce - under which act he should do so and if wife files - under which act she should do so? What are the avenues open to the wife , if husband refuses to maintain her and the children , but has given them his flat?

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Apurva Kumar (Expert) 04 December 2008
May relate to especial marriage act or some how related to that or normal divorce let the court deceide it?

Vinjamuri Venkata Rao (Expert) 05 December 2008

No doubt you have to file as per Hindu Marriage Act, as the Marriage performed as per Hindu Rights. It is regarding Marriage Law of the Person, eventhough it is menctioned in School Records as christians, but you have to prove the marriage performed as per Hindu Rights.

Vinjamuri Venkata Rao (Expert) 05 December 2008
Dear Apurva , you may suggest only if you confidently, never use the word "May" in advising others. The word may use in Courts only. sorry for the suggestion.

Adv.Shine Thomas (Expert) 05 December 2008
You can proceed as per Hindu Marriage Act.

A. A. JOSE (Expert) 05 December 2008
Hindu Marriage is the proper law in the instant case please.

smilingadvocate (Expert) 05 December 2008
Hindu marriage Act specially applicable to Hindus only as per section 2 of the Hindu Marriage Act 1955 and as per section 5 of the Hindu Marriage Act 1955
As such the Hindu Marriage Act does not apply and only the special marriage Act or the Indian divorce Act would be applicable.

kumar sachin (Expert) 06 December 2008
u should proceed as per and under special marriage act

G. ARAVINTHAN (Expert) 06 December 2008
Since the marriage was solemnized as per Hindu rites and custom, Hindu Marriage Act is applicable

Rajan Salvi (Querist) 06 December 2008
Can your submissions be supported by citations. This matter involves one of my relatives.

kumar sachin (Expert) 07 December 2008
in my opinion, the statement of performing the marriage as per hindu rites and ritual shall b accepted only if the other side do not contradict with it.
because in this case, as stated, the husband is hindu and wife is christian the marriage took place as per the hindu rites and rituals but the children's school record shows (may prove) them as christian.
so in my opinion filing of case under hindu marriage act can succeed only if the wife, after her appearance, do not oppose it on the point of its maintainability in hindu marriage act.

Tribhuwan Pandey (Expert) 07 December 2008
Dear Mr. Salvi just before two days Supreme court give a verdict in the same matter. I read in news paper Times of India dated DEC 6th and also trying to find the judgment.
Where marriage between two different religious couple will be governed by special marriage Act not under any other personal law.
matter was same a christian married with hindu under hindu rituals/Hindu Marriage Act, court declared such marriage is invalid.

Rajan Salvi (Querist) 07 December 2008
Mr. Pandey,
Please forward the judgment to rajan.salvi11@gmail.com and if I find it I will mail it to you. Regards.