Marriage under hindu marriage act


Respected Members,

If a couple is married under Hindu Marriage Act and after some years of marriage, one of them change their religion, then does the couple have to file for divorce or the marriage will itself become void and under such situation which Marriage Act will have the jurisdiction?

 
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Advocate

Under the Hindu Marriage Act, Section (13)(1) clause (ii) divorce maybe obtain if the respondent converted from Hindu to other Religion and ceased to be a Hindu.

 
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Hello, Greetings of the day!
For the query you posted, I would suggest that:
If either of you changes religion then there will not be any impact on your marriage and it may continue with subject to your own understanding, change of religion by one spouse is not change for the other one as it may continue to remain in the same religion.
But if your partner has a problem with the change of your religion then he/she can file for divorce under Section 13(1) clause (2) of the Hindu Marriage Act if he/she converted from Hindu to another religion and ceased to be a Hindu. 
The motive of changing religion also matters. A Hindu male cannot change his religion to have multiple wives, it is illegal. The motive should be pious or honest.
Hope it helps
Regards,
Sneha Jaiswal
 

 
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Advocate

Yes, in such a situation, marriage in not rendered void but it is voidable at the option of the spouse. 

 
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To avade husband murder false complaint lodged of harrasment. later on missing complaint. procedure to defend husband?
 
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subregistrar/supdt.(retired)

Yes. Jaiswal advised very well.


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Advocate

The partner need to file divorce.

 
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on which Act the Marriage is Solemnized on the Same Act you can come to a Divorce.
in your case, the Marriage was solemnized as per the Hindu Marriage and Divorce Act. Divorce needs to be filed on Hindu Marriage Act only.
changing of Religion is based upon the personal interest of the parties. but marriage is a Social institution and its religion cannot be changed.
best of luck...
 
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