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Prags (HR Executive)     01 February 2010

Arya Samaj Marriage - Legal

Hi,

I have a query, if a gal (aged 21) gets married to a person in Arya Samaj without either of the parents consents is a legal marriage?  The gal has been actually cheated by her husband claiming many wrong things like :

1.  He has hided his current age with the gal (actual is 29 but projected as 25)

2.  He is a born physically handicapped person(has problem in the leg) but said that he met with an accident and hence lips a bit.

3.  He cheated the gal stating that his salary and designation is high, but he draws only 8500/- pm.

4.  He even said the gal that his parents will accept her post their marriage but boy's parents are totally against.  So they are left with no house to live. 

5.  Also the boy drinks alcohol very often whereas he said her that he never touches alcohol.

My question is can the gal break the marriage on these cheating grounds, if so what is the procedure for filing a suit and divorce.  They are just 3 month's married but stay separately so far in their respective houses.

Please help me understand this.

Regards,

Pooja



Learning

 1 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     01 February 2010

Despite of all alleged facts it is a fact that both have performed marriage and it is legal as per Hindu Marriage Act hence now question remains of divorce.

 

After one year of marriage, wife can file a petition for divorce before Family Court and then as per procedure, she may hope for the releif.


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