Divorce when the other party is not interested for mutual

You need patience and tolerance for getting divorce in family courts, there is no speedy remedy available for you, talk with your life partner what he or she wanted and settle the same.then the route is clear to file mutual consent application for divorce and the same is requiring only two hearings but takes six months time.

First thing in this case is validity of the marriage itself between the Muslim man with Hindu woman. What was the actual form of marriage, (forget the registration part)?

If the marriage was not solemnised under the Special Marriage Act,1954 (civil form of marriage) between these two people of two different religion than even if they got married according to the religious form of either party without converting to that religion, than their marriage even if got registered according to Tamilnadu Marriage Registeration Act will not be valid at all. If there exists no valid marriage there is no question of dissolution of marriage by decree of divorce.

All that is important in this case is to check and confirm the actual form of solemnisation of marriage between both these persons.

Hi Vijay, Thanks for the response. Marriage was conducted infront of notary who attested the marriage and both parties signed. There are no rituals or customs of both parties followed. Guy paid amount to the registrar to register the marriage without displaying the proposal in notice board and it is registered under tamilnadu marriage act. We checked the register also and it was updated. I am surprised why this point is not raised by our lawyer or even the judge when we filed the case and we almost attended 10 hearings. Please quote some law and section where it is written as void. This will be really helpful and thank you in advance for your research

If your lawyer is semi-literate, semi-qualified and have no knowledge of basic law of marriage than don't expect anything more than that they did till now in your case. When you engage such lawyers you get this result.

Anyhow it’s a basic thing of common sense (which your lawyers lack) that only a valid marriage duly solemnized according to the customs and rites of the parties of same religion, in case of religious marriage or according to the conditions and procedures under the Special Marriage Act, 1954 can be dissolved by the decree of divorce by the court.

You don’t need any court judgment to tell the High Court bench that there is no valid marriage between the Muslim man and Hindu woman, the so called marriage before the Notary is no marriage as he is not a Marriage Officer under the Special Marriage Act,1954,

Unfortunately you got such stupid lawyer who could not say this in the High Court for 10 hearings, God knows even if he mentioned it in your petition or not. I sometime pity for people like you who just go to such unprofessional lawyers and get cheated by them.

Actually we questioned​ the judge on the wrong registration..but the judge said that though it is registered wrongly it is implied that being different religions we should look into special marriage act and we can't dissolved directly saying wrong registration.So judge wanted the grounds of dissolution under special marriage act and asked to prove on that grounds.we had no reason to prove on those grounds.So please help how to argue from our side?Lawyer is telling judge is correct and asking us to spk with other party for mutual. Also, since it is not registered properly can we take it as not a valid marriage and move on...can other party claim or file a case with the registration certificate?

Are all crackpot over there? If the marriage itself not valid where is the question of divorce by mutual consent? Why silly suggestion of mutual consent given to other party. I fail to understand why the High Court judge not told about the actual marriage solmnisation and just arguing about wrong registration for 10 hearings. If you tell the judge with help of some experienced senior lawyer that marriage itself is null and void as it was not properly solemnised, judge will pass order accordingly.

Thanks vijay..will try to find some good lawyer this time. Please suggest if you know somebody in chennai? With regard to my second question above..since the marriage is not valid..can we move on without any action..whether the other party can challenge based on this registration certificate?

I can take up your case.

I can take up your c

I can take up your case even in Chennai High Court. My contact details in my profile .

Hi Vijay,

Thanks for your interest. Please let me know your fee and other charges to handle this case so that we can plan accordingly. Once we finalize we can further discuss on case details like already filed petitions and judgement copies etc.,.

Since you are in delhi i believe you need to travel to chennai to attend the hearings. Given all these let us know your fee and i will call you on your mobile once we are ready. Thanks

Please email me for my fee structure for outstation cases in India. vijaymahajan5758@gmail.com or vijay_mahajan5758@yahoo.co.in