Inter-religion marriage
Querist :
Anonymous
(Querist) 03 January 2012
This query is : Resolved
Hi...please help I am in a very tense situation. I am a Muslim, and married a Hindu boy 10 years back. Since I had left my family I always did everything to keep my husband happy. There has been a lot of pressure for everything from his side always, and since the last 2 yrs he has become very violent. I did not tell about this to anybody thinking he will change. We have a 3 yr old daughter. He did not wanted children and forced me to have abortions a number of times. Now I have had enough and I am scared for me and my child. When we got married he had me converted to Hinduism though I have never really changed my religion and we have both followed our own. At the time of marriage he told me that it is the only way to get married that if I convert and we get married in an Arya Samaj way and that is what we did. After that he also got a court marriage certificate for us. We also had our nikah but for that I only have our pictures. Please help me and let me know how difficult it will be for me to get divorce from him and what should i do now. I am really scared and want to get away as soon as possible.
A V Vishal
(Expert) 03 January 2012
You can file a case of Domestic Violence Act against him.
Sudhir Kumar, Advocate
(Expert) 03 January 2012
You marriage appeared to be valid as you converted. A rare case normally it is Hindu only who changes reliegion. Butit appears both of you have made ajoke of marrige aand religion. You say you not got converted then the said marrige with Arya samaj is invalid. You also said you had Nikah also without he converting to islam. Further Nikah is followed by Nikahnama existance of which is not commented by you. If you can say non of you have onverted then your marraiges are is not valid you can walk away but you maintenance issue will be at peril. There is a court marirage also it is not clear if it is under Special Marriage Act.ow suddently he has become violent. you can take recourse to DV Act.
Querist :
Anonymous
(Querist) 03 January 2012
dear sir, i understand your response in saying that we made a joke of marriage and religion. but please understand my situation of present, he has not become violent suddenly but he was not violent earlier as i was doing whatever he wanted me to do, working when he was not working, not having children because he did not want children. now that we have a little girl and since i have asked him to share the responsibility of work he is getting violent every day.
you have suggested that i should file under DV Act but till now i have not shared anything with my parents, sisters or anyone. i have never filed a complaint against him as i love him very much and was hoping that he will stop being so rude and cruel. can is still start the proceeding, what kind of evidence will be demanded from my side. plz reply.
Querist :
Anonymous
(Querist) 03 January 2012
also please let me know how i can find out that my court marriage is under which act?
Devajyoti Barman
(Expert) 03 January 2012
If your husband has got marriage certificate under Special MARRIAGE Act, then filing a suit for divorce is not difficult.
For taking care of other issues including maintenance filing case u/s 125 crpc or 12 of PWDV Act should be made.
Sankaranarayanan
(Expert) 03 January 2012
Well as per ur brief explanation I found that u r still care and love and affection on him. So as my personal advise that better to seek one cousiling and make him to realise his mistake and try to change his attitide.
Deepak Nair
(Expert) 03 January 2012
You can find out from your marriage certificate that under which Act your marriage is registered. I suppose it might be Hindu Marriage Act since your marriage was in Arya Samaj and later registered and you say you converted to hinduism only for marriage.
You have to present a strong ground to ask for divorce whether under Hindu Marriage Act or Special marriage Act. Mere allegations may not be enough to obtain divorce.
Unless and until some serious issues such as cruelty, desertion or any other such serious issued which makes it impossible to live with your husband is produced before the court, it is very difficult to obtain the divorce.
The best way out is to initiate criminal proceedings as suggested by the learned experts,even though you love your husband very much. Complaints under DV Act can be very helpful in obtaining divorce.
But you should keep in mind that your husband too can fight the case and if you fail to prove the allegations and you lose the case, then you won't be able to tolereate the aftermath of the same.
Therefore, i suggest you to be very careful while taking such dicisions.
Ravikant Soni
(Expert) 03 January 2012
Answer to your last query, Your marriage was solemnized after conversion into HINDU. So you will be governed by HINDU LAW. What you done after that marriage only MOCKERY.
So, better you file DV case against your husband.
V R SHROFF
(Expert) 03 January 2012
Even if you resided together as husband and wife under the same roof, and shared food, is enough to prove your relationship as husband and wife, to claim maintenance u/s 125 & 12 of DV Act.
Once HE START COMING TO COURT,AND FILE HIS WS, and accept yo as wife, go for MCD with HMA / or Muslim Dissolution of Marriage Act 1939, / or as Muslim Maula c Talaq as convenient to both of you.
First pressurize c dv & 125
Then settle.
Raj Kumar Makkad
(Expert) 03 January 2012
Though conflicting views have been expressed by various experts which may confuse you so it is better to take the decision in very relax mood after thinking over all aspects.
I observe, you have no complaint against your husband except his cruel behaviour which has surfaced recently when you started insisting for his job.
This is very minor issue which can be sorted out with love and affection and mutual understanding. You try to develop this from your side without entering in the court and can take help of your relatives also for this purpose failing which file maintenance and DV cases first then take the decision about filing divorce case duly considering the response of your husband against that litigation.
Deepak Nair
(Expert) 04 January 2012
I suggest to try to solve the issue by involving the seniors in your or your husbands family and also some close family friends if any.
Divorce shall always be a last resort.
prabhakar singh
(Expert) 04 January 2012
For all legal certainty your mariage is under Hindu law hence divorce petition would be under Hindu marriage Act.
Maintenance and violence as well as shared house relief may be sought for under 125 Cr.P.C. and D.V.Act.
Shonee Kapoor
(Expert) 05 January 2012
I agree with all expert advises, though would recommend marriage counselling before moving courts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M/s. Y-not legal services
(Expert) 05 January 2012
