Hindu Marriage Act

Querist : Anonymous (Querist) 14 April 2010 This query is : Resolved
Marriage has been solomnized between hindu girl and catholic boy according to hindu customs & rituals. Therafter it is registred under Hindu Marriage Act. There is male issue out of said marriage. Now they wish to divorce each other. What remedy, which act, status of issue????

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R.R. KRISHNAA (Expert) 14 April 2010
Divorce can be claimed only under HMA.

It is advisable to prefer mutual consent divorce.

A fair arrangement can be worked out among the couples for looking after their son after divorce.

Raj Kumar Makkad (Expert) 14 April 2010
It is better to maintain relations and reconcile but even if all efforts fail then divorce petition can only be filed under the provisions of section 13 of Hindu Marriage Act in the given case.

Querist : Anonymous (Querist) 15 April 2010
But the judge is not ready to grant divorce. His opinion is that Hindu Marriage Act is not applicable to a catholic. Further according to him Marriage has been wrongly registered under HMA. Matter has been adjorned till friday.

Querist : Anonymous (Querist) 15 April 2010
Any Citation /Authority??? of S.C. or any high court???

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