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Pilix   04 June 2016

Grounds of dissolution

Hi All,

I want to apply for chrsitian marriage dissolution as girl left matrimonial house after 2 days of marriage. The reason was she dont like to stay in my house if my parents are there. The marriage was willfully non concumated by her . I have following grounds to apply for annulment

1) non consummation

2) Ceased to be a christian (girl caste is SC which states Indian hindu in certificate   , but they told us they they are christians as per the profile they have given which means bc-c, but they lied)

 

Please let me know if second point is valid?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



Learning

 4 Replies

Vijay Raj Mahajan (Advocate)     04 June 2016

The dissolution of marriage under section 10 of the Divorce Act, 1969 applicable to Christian marriages, provided ground for divorce can be that willful refusal by the respondent/wife to consummate the marriage and the marriage has not therefore been consummated, on this ground you can seek for divorce.

There is no time limitation for filing for divorce under the Divorce Act as in the Hindu Marriage Act, 1955 where you cannot file divorce within one year of marriage hence you can immediately file for divorce on this ground.

As far her declaration falsely about her caste and that she ceased to be Christian after being declared Hindu SC in her certificate, this cannot be of much help to you as the Indian Christian Marriage Act, 1872 provides under section 4 that at least one of the party has to be Christian for getting married under the Act in the Christian form of marriage, which you are even if we consider her as Hindu SC, hence you marriage will not be invalid.

Pilix   04 June 2016

Hi sir ..thanks for your reply.. Also one more doubt I have. Marriage has been solemnized by girl relative marriage registrar ..but he has not send the documents to register office until now..marriage is not registered officially since 8 months.. Will there be any grounds for me to claim marriage invalid

Pilix   04 June 2016

Hi sir ..thanks for your reply.. Also one more doubt I have. Marriage has been solemnized by girl relative marriage registrar ..but he has not send the documents to register office until now..marriage is not registered officially since 8 months.. Will there be any grounds for me to claim marriage invalid

Pilix   04 June 2016

Also please let me know best possible that I can prove marriage not consummated before court of law

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