Nandini (Consultant) 09 December 2012

Divorce - post conversion

Hi All,

I got married in 2000 and have 2 kids now.The marriage was performed at Arya Samaj Mandir. I do have the certificate from the temple. It was however not registerd in the court. My husband who is staying away from me at present is seeking a divorce from me. Previously Hindu; he has now converted himself. He now follows Islam. He has filed a petition for a divorce. We have been living separately from last 1 year and have no physical intimacy although he has come home to meet his parents during this time. It is learnt that he is going around with someone else. He is saying that he is ready to take care of the kids for the education and even that I can leave them to him.

How bright or dull are his chances of taking this divorce. Can I object to it.

Nandz

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2 Replies

Vijay Raj Mahajan (Advocate) 10 December 2012

You can always defend the divorce petition under section 23(1)(a) of the Hindu Marriage Act,1955 on the ground your husband is taking advantage of his own wrong for seeking relief from the court.

The act of conversion from Hindu to another religion is an act of mental cruelty on you, rather his Hindu religion conversion is a ground under section 13(1)(ii) of the HMA,1955 available to you for getting divorce from him.

The husband is having relationship with another woman is an act of adultery as well mental cruelty to the wife, this too is a ground of divorce available with the wife only and not with the husband.

In the given circumstance the husband has very week divorce case; unless the wife agrees to it by mutual consent of both, but for this the husband need to pay heavy price/compensation for his wife & children.

Goutam Prasad (Advocate) 10 December 2012

You can raise objection for divorce and may defend his petition for divorce. You should file your WS and make proper reply of each and every content of his divorce petition. You need not to worry much, it will not be easy for getting divorce from you subject to good presentation of your case before court.

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