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Royan ( )     11 October 2010

Force to change the Religion, is it good ground for divorce

Wife is forcefully to change the Religion from Hindu to Christian, After conversion Is it good ground for divorce or mutual divorce

(note: Wife is always quarrelsome and mentally not matured)..
 



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 14 Replies

adv. rajeev ( rajoo ) (practicing advocate)     11 October 2010

conversion is good ground for divorce
1 Like

Arup (UNEMPLOYED)     11 October 2010

ACCORDING TO SEC 13 (1)  (II), OF THE HMA  IT PROVIDES A GOOD GROUND FOR DIVORCE, WHICH RUNS THUS -

13. Divorce.

(1) Any marriage solemnized, whether before or after       the commencement of this Act, may, on a petition     presented by either the, husband or the wife, be dissolved by a decree of divorce on the ground that the other party-

(ii) Has ceased to be a Hindu by conversion to another     religion.

2 Like

(Guest)

at least write clear in english wat u want to say

Wife is forcefully to change the Religion from Hindu to Christian, After conversion Is it good ground for divorce or mutual divorce

(note: Wife is always quarrelsome and mentally not matured)..

who was forcefully converted , who forced?
 


2 Like

Arup (UNEMPLOYED)     11 October 2010

YES ONE THING SHOULD BE NOTED HERE THAT - CONVERSATION TO CHRISTIONITY PROVIDES GROUNDS TO DIVORCE, UNDER SOME OTHER ACT, I COULD NOT REMEMBER THE NAME OF THE ACT RIGHT NOW.

2 Like

Royan ( )     13 October 2010

thanks for reply,

My wife only force me to convert from hindu to christian, because of her happiness only i accept it..

But one thing, I'm not interested to convert. After convertion my name is Isaac, Her name is Rebeccal. And one thing i didn't get the Conversion certificate, But I used to go church every week.

Whatever i did she's not at all adjust with me. Still quarrel is there...

Three days before i was admitted in manipal hospital, because of severe Ulser. She don't know how to cook also, she used to cook spicy, halfboil rice etc..., Because of my patients only i survive with her...

She used to ranaway once in a 3 months, now she is in her mom's house...

Jamai Of Law (propra)     13 October 2010

Have you both already been converted or not as of today?

As of today are you hindu?

As of today is your wife a hindu?


(Guest)

First of all the the information is incomplete.

You said that "Wife is always quarrelsome and mentally not matured"

And thereafter you said that "Wife is forcefully to change the Religion from Hindu to Christian"

If wife is not mentally matured then why she insist to change the religion ? Here you give incomplete info.and you do not ask question but you already know that  "After conversion Is it good ground for divorce or mutual divorce "so, who insist to change religion ?

1 Like

Royan ( )     13 October 2010

Mentally not matured: I mean, she behave like foolish, She tortured me like anything, She blackmail me like, she try to suicide lot of time, quarrel because of her family,

She gives respect only her family. She accepts only what they says...

Her native place is chennai, now i'm in bangalore. I'm settled here. She is not interested in Bangalore, i mean my house, she and her family gave lot of mindwash, to relocate from bangalore to her native place chennai.

And finally She only insist to change religion, because her entire family is converted to Bendhagosthe, Christian...

( One thing i'm would like to say, My wife's family is not educated, (Fisherman family). Before marriage I don't know anything about it. Her father has 4 wife (hopefully) Now he is not staying with my mother-in-law. He's staying with 4th wife. Her grandfather has 3 wife. Full of rowdism family... )


(Guest)

 

 

Dear, Now you said that “she behave like foolish, She tortured me like anything, She blackmail me like, she try to suicide lot of time, quarrel because of her family,She gives respect only her family. She accepts only what they says”, she and her family gave lot of mindwash, to relocate from bangalore to her native place chennai.

 

So,you want divorce from your wife .so, first  insist her to convert her religion(you dont convert your religion )  . After she converts ,conversion is good ground for divorce as what section said

13. Divorce.

(1) Any marriage solemnized, whether before or after      the commencement of this Act, may, on a petition     presented by either the, husband or the wife, be dissolved by a decree of divorce on the ground that the other party-

(ii) Has ceased to be a Hindu by conversion to another     religion.

 

You said that before marriage I don't know anything about it.after that you know the true story.Ok,follow my advise insist her to convert her religion  . After she converts ,conversion is good ground for divorce .

Royan ( )     13 October 2010

Thank you ji,


(Guest)

any proof u are converted now? if not then u may claim only she is converted and get easy divorce.

valentine (Advocate)     24 October 2010

Marriage between persons belonging to different religions falls within the purview of The Special Marriage Act. That should be the first point in this case. If at the time of marriage both parties were Hindus and if the marriage was solemnised as per Hindu rites and rituals, then only conversion would affect the marriage. A careful reading of the Section reveals that the conversion becomes a good ground for divorce only if one of the partners leaves his/her original faith and converts to another religion. Whereas in this case, as I can perceive from the facts presented, both belonged to different religions at the time of marriage and since wife was a Christian she was forcing him also to convert to Christianity. Perhaps for the sake of convenience and harmony or for any other reason. This is not acceptable to the husband and now that he has got bored with the wife's nagging, he wants to convert himself to Christianity and take divorce on the ground of conversion to another religion. But facts should be placed properly and read very very carefully before coming to any decision and giving advice. The party has not provided correct and full information.

1 Like

(Guest)

marriage is void if she did not convert to hinduism before marriage.

Keshav (Student)     01 November 2010

You said "Whatever i did she's not at all adjust with me. Still quarrel is there...

Three days before i was admitted in manipal hospital, because of severe Ulser. She don't know how to cook also, she used to cook spicy, halfboil rice etc..., Because of my patients only i survive with her...

She used to ranaway once in a 3 months, now she is in her mom's house...

I mean, she behave like foolish, She tortured me like anything, She blackmail me like, she try to suicide lot of time, quarrel because of her family,"

According to these facts, you may seek the divorce under the ground of "cruelty" too.

13. Divorce

    (1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-

        1[(i) has, after the solemnisation of the marriage, had voluntary s*xual intercourse with any person other than his or her spouse; or

        (ia) has, after the solemnisation of the marriage, treated the petitioner with cruelty.

////////////////////////////////////

If she leaves the marital home again and again, you may also seek divorce under the ground of "desertion" if you can prove that there is no consummation of marriage between you two.

(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition;

even if she stays in the home but there is no friendly talk between you two due to her fault, you may seek divorce under the ground of "desertion" by saying that it is a "constructive desertion",


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