LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sapna (Housewife)     02 April 2012

Divorce and then remarriage

We are in United States and after 2 years of husband wife dispute me and my husband has decided to live together but he is adamant on one condition he is asking me to divorce him as per hindu marriage act and then remarry according to Christian religion. He is also willing to sign on stamp paper saying that he will remarry me but only with christian religion. Is this possible ?


 10 Replies

naren (Consulltant)     02 April 2012

If both of you have decided to live together, it should not matter how you got married earlier. I think it to be just a way to divorce you as I dont think agreement to remarry is not a binding one.  If he is willing for christian marriage, go ahead and do it but why divorce first.

1 Like

naren (Consulltant)     02 April 2012

I meant that i think agreement to remarry is not binding.

1 Like

Sailesh Sarmah (Advocate)     02 April 2012


Naren has rightly said that you can go in for a Christian marriage without divorcing. Agreement to marry or remarry is not valid. You spouse might be playing games...think twice before taking a decision.

1 Like

Nadeem Qureshi (Advocate/     02 April 2012

Dear Sapna

if you trust him then you can file a petition before the court for divorce by mutual consent and re marry her, but if he cheat you you can not do any thing against him only you have right to maintenance.

feel free to call

1 Like

Adv. Chandrasekhar (Advocate)     02 April 2012

The woman's rights are best protected in Special Marriage Act and Hindu Marriage Act.

1 Like

sapna (Housewife)     02 April 2012

Thank you lawyers for answering my query. My husband does not trust hindu laws and because of recent changes in indian laws he wants me to divorce him and remarry him with christian law in United States. We were seperated since 2 years in United States and then i went back to india where i filed maintenance case on him now after two years of dispute we have decided to resolve our issues but he is putting this conditions for me and for me as long as he keeps me i want to do whatever he says but thank you once again for keeping me aware of everything.

naren (Consulltant)     02 April 2012

I doubt his intentions. Also, the relationship that is about to start with doubts, i dont see a good future. Convince him nothing will happen which will require court case. If he agree , great else the guy has no trust on you and is playing games.

**Victim** (job)     02 April 2012

Sapna it seems your husband doesn't trust you but if he is insisting and getting paranoid about U.S. marriage then go for it if i see from his prospective then he doesn't have any faith on indian laws and upcourse as we all know indian laws are still women biased whereas in U.S. if both husband wife is working both of them are suppose to share their income when it comes to maintenance especially if there is child custody case then no matter who gets child custody sitll both husband wife are responsible to take care of their child until the child turns 18 years. Both of you can follow the same procedure at U.S. court itself and then turn over the documents to indian embasssy but if you are insecure and if you feel that he might trick you then you better think 1000 times before you commit anything. This is a clear cut example of how indian marriages are not sacred anymore especially the way legal system supports womens completely i doubt people will get married as per hindu law. May i know what state in U.S. are you located ?

rajiv_lodha (zz)     02 April 2012

Yes, Daal Mein Kaala Hai

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 April 2012

I would not advise you to do as desired by your husband.


Your rights would no longer be protected thereafter.





Shonee Kapoor

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register