Known (B) 06 April 2008

Certificate of Islam

What will be the status of his Wife and Child if Husband takes "Certificate of Islam" from a Qazi?

- A Hindu Boy and a Hindu Girl are married as per Christian Marriage Act due to some misunderstanding. Is their marriage legal? Do they have to file for annulment of this marriage before the court?
- As a father, can I get Joint Physical and Legal Custody officially from the Court so that I can take my infant son (who is in mother's physical
  custody) to the 'best' hospital whenever the need arises (for eg
  vaccines, regular health check ups, diagnosis, treatment etc). My apprehension is my wife and her parents will file a false 498A or DV complaint to intimidate,harass and blackmail me. Wife is refusing to give divorce.
TIA

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2 Replies

Kalpana.S (-) 10 April 2008

The Indian Christian Marriage Act, 1872, relates to solemnization of marriage of persons professing Christian religion. So marriage between two Hindus would not be considered as a Christian marriage.

You can very well seek custody of the child by filing appropriate application before the court of law

shaheen (lawyer) 17 April 2008

Under christian marriage Act with mistake ? can you please explain? Tell me where did you get married ? If in Court... what made you write you are christians? basically tell em where do you now find a mistake happen and I'll be able to help you.