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Asmita Rokade (Service)     16 July 2009

Inter religion marriage - Christian Groom & Hindu Bride

I am married to a Christian boy for last three years under the Indian Christian Act. However, i have not converted my religion and i am still actively practice Hindu religion. Nonetheless, ever since marriage, my husband have never supported me financially and he provoked me to give up my career in Bombay and resettle in Pune. He would physically and mentally abuse me and would assasinate my moral self under constant self doubts. He also, would refrain from cosumating marital relations which would leave me in a very depressed position. We do not have a child from this relation as we have hardly consumated our marriage. Also, his parents and his brother and sister would influence him to torture me and he would always subject me to financial and emotional insecurities. Because of this i have tried to meet the living ends by taking personal loan and withdrawing cash from credit card and hence balancing the expenses. Lately he has started getting involved with his subordinate and when i confronted him he would start a fight and would blame me of promiscuity when he was the one who was commiting adultery. Because of this, i have decided to seek legal intervention and end this relation as i have no grounds on which i could consider living this marriage with him. My first question: Is my marriage valid as i have not registered under Special Marriage Act. We have signed on a register at our residence and thus our marriage was solemnised.

Second Question: If this marriage is at all justified, how do i get him to agree for mutual consented divorce as he wont let me be at peace easily and would continue subjecting me to mental trauma. I dont want to follow wrong advice from lawyers who would want me to display public fiasco as it is not my genre. I was lately advice that i should plainly file for Legal Separation and then wait for his reply. I am seriously stuck and lost as i feel every body has started displaying their legal armour when they themselves are clueless.

Please help. Also, i dont have any support financially and with the salary i am drawing i can barely meet my day to day expense. Hence, i cant consult a good lawyer as they charge heavy fees.

Regards

AJR



Learning

 8 Replies

Dharmesh Manjeshwar (Advocate/Lawyer)     17 July 2009

Hi Asmita, You mention that u have signed a register at the time of ur marriage under the Indian Christian Marraige Act, Now u have not mentioned whose or what register it was. Under this act, there are certain authorities who have the license/authority to solemnize marriages, if u have signed the register of such an authority who has solemnized ur marriage, then it is valid. Secondly there is no need for u to register ur marriage under the special marriage act. and lastly if u cannot convince ur husband for a divorce by mutual consent, then u can visit marriage counsellors, and if there is no consensus then u have to fight it out for a divorce from ur husband by filing petition in court. A Family court also provides legal aid to the needy party and u can avail of the same when u file for divorce/judicial separation.

Dharmesh Manjeshwar (Advocate/Lawyer)     17 July 2009

Hi Asmita, You mention that u have signed a register at the time of ur marriage under the Indian Christian Marraige Act, Now u have not mentioned whose or what register it was. Under this act, there are certain authorities who have the license/authority to solemnize marriages, if u have signed the register of such an authority who has solemnized ur marriage, then it is valid. Secondly there is no need for u to register ur marriage under the special marriage act. and lastly if u cannot convince ur husband for a divorce by mutual consent, then u can visit marriage counsellors, and if there is no consensus then u have to fight it out for a divorce from ur husband by filing petition in court. A Family court also provides legal aid to the needy party and u can avail of the same when u file for divorce/judicial separation.

Asmita Rokade (Service)     19 July 2009

Thanks for the input...... Well even if our marriage was solemnised under Indian Christian Act but there is a decree which very clearly states that under any of these act, both the parties have to be practicing one religion.

Now, we cant undo the last 3 yrs and I need to serve him legal notice of separation, if not divorce notice. Also, should i file for divorce from Mumbai or Pune as after marriage i have been staying in Pune but born and brought up in Mumbai and now i have joined a corporate in Mumbai. I am quite clueless how I need to proceed as i dont have any mental support or financial support from any one in my family.

Please advice some one whom I can approach for legal consultation and then i can file for legal seperation.

 

Regards

 

Ashmita

Dharmesh Manjeshwar (Advocate/Lawyer)     23 July 2009

Hi Asmita, sorry for the delayed reply .... Yes U can file divorce proceeding here in Mumbai itself ... no two minds about that ... It is advisable that you send a notice to ur husband prior to the filing of the divorce case ..... clearly mention the reasons for divorce and ur intention of separation/divorce in the notice .... I do not understand why people have notion that Advocates are costly .... I am from Mumbai and can help u out in this ..... But only if u have clearly decided on this issue ...

 

Asmita Rokade (Service)     23 July 2009

Thanks Dharmesh. I indeed would appreciate your assistance. I am intending to serve him Judicial Separation to guage his intentions. I would then decide the next re-course. I have no intentions of dragging this case in family court for years together. I would want to get over this matter asap.

I dont believe in hurting myself and i am very sure that i want this relation to end for good.

 

prabhu (accountant)     08 November 2009

 i had married a hindu girl,and registered in hindu marriage act 1955,now my wife was pregnant,she went to her mothers house for pregnancy, My wife's family converted to christianity  and they converted my too without my permission, really i dont like this. now my wife and my upcoming baby wants to be christian. but i dont like this activities. is there any legal possibilities to bring back my wife to be a hindu? but she will not accept to be hindu! so i want her to divorce , is ti possible?

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     08 November 2009

First of all Ashmita ji,

As per law, ur marriage is void, coz there is specifice mention that two person of different caste cannot marry simply but only under special marriage act and then provisions of special marriage act will prevail for divorce also. So u can file a case to divorce u/s 12 coz it is a void marriage.

Regards

adv.kamal.grover@gmail.com

 

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     08 November 2009

Mr.Prabhu,

There are lots of judgment and even Hindu law itself provide that if ur spouse desert or convert into any other religion then it is a sufficient ground of divorce.

 

Regards

adv.kamal.grover@gmail.com

 

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