Mutual divorce
reji rapheal
(Querist) 23 September 2013
This query is : Resolved
Hi,
I have a query on the divorce and it will be great if anyone can suggest on this.
I am Christian married hindu Brahmin 8 yrs back and we married once in church and temple. We have never registered our marriage, but I think all church marriages are registered.
Now, we have a kid and want to apply for divorce. we have not been living together and want to apply for mutual divorce.
I want clarity on following thins.
1. Suggest how to proceed as it involves two marriage acts
2. I have two property and both are in joint name eventhough its paid by me.
3. I want to give alumini to my kid, but my wife is earning decent and not insisting on the same. I want this to be on my discretion.
4. Please let me know if there is any other complications in our divorce
A good lawyer help is appreciated within reasonable fees as its a mutual divorce.
ajay sethi
(Expert) 23 September 2013
to be married under hindu marriage Act both should be Hindus . you have stated that you got married in a temple .if you have converted into hinduism before marriage you can apply for divorce under HMA .
in addition marriage was solemnised in a church too . if both belong to different religions then marriage should be under special marriage act .
contact a local lawyer
reji rapheal
(Querist) 23 September 2013
Thanks Mr.Ajay.
Neither of us converted into other religion and we got married only through church.
Rajendra K Goyal
(Expert) 23 September 2013
In such case if the marriage was not under the provisions of Special Marriage Act, it can be held null and void.
