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Dheeraj SHah (manager)     01 October 2018

NRI divorce

hi, I am mother of two children
(minor). I am a Hindu, married a Christian NRI. I am married for 14yrs now. suddenly from last 1 yr my husband is avoiding us. he works in merchant Navy. he wants divorce
from me . He doesn't want divorce through court, instead wants it to be done in church. I am not sure what alimony he will give me. kindly guide me what I need to do. we have no idea whether he is in abroad or in India. he is not keeping contact with us.


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 11 Replies

N.K.Assumi (Advocate)     02 October 2018

Marriage is solemnized in Church not Divorce. It appears that your marriage was solemnized according to christian laws and for divorce one has to present petition in District Court, and not the church.

Dheeraj SHah (manager)     02 October 2018

The marriage has been registered in civil registration office ..can I file a complaint in police station that he is not contacting us and planning to ditch us and marry someone else

Dr J C Vashista (Advocate)     02 October 2018

Divorce in a church is invalid and illegal. It has to be decreed by civil (district) Court only.

If you are not interested in divorce (as desired by your husband) contest the same.

Have you filed a case for maintenace for yourself and children ? If not, move to your area Family Court or Magistrate through a local prudent lawyer.

However, if you are located in Delhi and feel, may contact me (on appointment) at:
Ch. No 647, 6th Floor, Lawyer's Chamber Block, Dwarka Courts Complex, New Delhi-110075 
Cell # 9891152939 email: majjagdish@yahoo.com 

Vijay Raj Mahajan (Advocate)     02 October 2018

The marriage registered at civil registration office, doesn't clarify under which law it was solemnized and registered. The valid marriage between a Hindu and Christian can be solemnized and registered either under the Special Marriage Act,1954 and even under the Indian Christian Marriage Act, 1872. Secondly in either cases the divorce can be obtained from the competent court which is the district family court. Now how the church in India comes in play for dissolution of the marriage. Even if marriage was solemnized according to the Indian Christian Marriage Act, the dissolution of the marriage is through the competent Family court under the Divorce Act, 1869 only.

N.K.Assumi (Advocate)     02 October 2018

The peculiar feature of Christian marriage is that a husband can divorce his wife only on the grounds of adultery, but it does not give rights to wife to divorce her husband even on that ground unless the husband adultery is coupled with cruelty, bigamy and desertion etc, at the most she can asked for judicial seperation.The only grounds for a christian wife to petition for divorce are husband's conversion to other religion coupled with marriage with another woman or husband's guilty of rape, sodomy or beastiality. There is a need to look afreash in this anachronistic Christian Matrimonial laws in India.Thus, it will not be easy for your husband to divorce you without any proof of adultery on your part. 

Vijay Raj Mahajan (Advocate)     02 October 2018

The Divorce Act,1869 was amended in 2001, the provision of divorce as provided under section 10 of the Act were amended and number of new grounds for divorce added for both husband and wife which were also available to couples married according to Hindu Marriage Act as well the Special Marriage Act. The section 10A was added were divorce by mutual consent was also introduced. Any wrong information provided here by anyone about divorce for Indian Christians is wrong and misguiding. The dissolution of marriage for Christian marriages are now as simple for both husband and wife as it was for other marriages.

Vijay Raj Mahajan (Advocate)     02 October 2018

I have got many Christian couples divorced according to new divorce provisions available in the amended Divorce Act,1869.

Dheeraj SHah (manager)     02 October 2018

any good lawyer in Goa?

N.K.Assumi (Advocate)     02 October 2018

Thanks for the informations  Vijay Raj Mahajan,  I was not aware of the new Amendments, and it's really good to know that it has been amended.. 

Vijay Raj Mahajan (Advocate)     02 October 2018

Good lawyer in Goa or anywhere who keeps his legal information and knowledge up to date otherwise no use going with anyone just like that. You need lot of ground work to find one in Goa.

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     02 October 2018

 

Need not play in the hands of husband.  Just refuse for divorce as you are not interested. As he desires divorce, let him take legal steps to obtain it.  It is not that much easy to get divorce, if another spouse is not willing and unless you give your free consent for mutual consent divorce.  Next financial difficulties you and your children are facing.  File Section 125 cr.P.C. and get handsome maintenance every month.  The requirement is that you should provide his address so that court notice has to be served and also his employer's address (notice can be served through employer, if you do not know his residential address).  The court will pass directions to his employer that to deduct your maintenance amount from his salary and deposit it in your bank account.

 


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