Seeking Divorce - Arya Samaj Marriage

I see lot of views to my thread .. but not a single reply?

Am i missing something? Do i need to provide some more information?

Thanks

Sunny.

@Sunny

Yours in an interesting case.

Considering you being a Hindu and the girl being a Muslim, your case would be covered under Special Marriage Act, however, you have not mentioned if you registered your marriage with the registrar or not? Also I'm not sure if the ceremonies were witnessed and any certificate was issued to both of you?

Now coming to your questions, assuming that your performed a valid ceremony and duely registered the same, see below::

Q1.) How long it will take in our case to get divorced.

A1.) As you already mentioned that you are living seperately from your wife for more than one year and certainly there has been no co-habitation, you can directly file a petition for divorce on grounds of incompalibility or certain other valid ground as per Special Marriage Act. The court would after hearing both of you may accept your petition. Then you have to move another application after 6months and the court may pronounce a divorce decree. So this way it would take 6-8 months after you file divorce on mutual understanding. Please ensure that no one retracts on your petition in the second motion application as it would be fatal for your case and court might not allow divorce.

Q2.) can i file divorce in mumbai

A2.) You can file divorce only in the local family court where you got your marriage registered. If you married in Delhi, and registered it in Delhi, then you could only take divorce in Delhi and NOT in mumbai.

Q3.) How much visits does we both have to go to the court.

A3.) Already answered in A1.

Q4.) will our parents will be asked by court to come in. Though they are aware and they want also want to end this relationship with mutual consent.

A4. No. Parents are not required. But yes. You never know what the may think to reconcil you guys. He may ask the parents once so that he can explore the possibility of continuing the marriage. But chances of a judge calling parents unnecessarily are scant.

Q5.) What could be the approximate expenditure i would have to do.

A5.) It depends on the lawer. In my view, any lawer in this case should not charge more than 10K as the lawyer would only need to draft two petitions and visit only twice with you. Maximum he may have to visit thrice if the judge is on leave or similar circumstances.

Q6.) Please suggest me a advocate in mumbai. You can leave the contact number or email id and i will contact you back.

A6.) I'm from Delhi. So I could only suggest an advocate from Delhi. If you need one let me know

//peace

/Saurabh.V

As your marriage was Arya Samaj marriage, as per the procedure of Arya Samaj, she has been converted to Hindu religion and the marriage was held between two Hindus and so Hindu Marriage Act is applicable.  Special Marriage Act is not applicable to you because marriage was not registered under that Act. 

1)  How long it will take in our case to get divorced?

You can get divorce under Section 13-B of Hindu Marriage Act, which is popularly known as Mutual
Consent Divorce.  It will take 6 to 8 months from the date of filing the petition.

2) can i file divorce in mumbai

If the marriage was solemnized in mumbai or the parties last resided together in mumbai or if the wife is residing in mumbai at the time of filing petition, it can be filed in mumbai.  otherwise it is in Delhi.

3) How much visits does we both have to go to the court.

3 to 4 times.  first time for first motion.  one or two times for reconciliation purpose (which may be turned down by by both of you) and the last visit for second motion.

4) will our parents will be asked by court to come in. Though they are aware and they want also want to end this relationship with mutual consent.

No need.

5) What could be the approximate expenditure i would have to do.

Rs. 25 to 30 thousand.

6)Please suggest me a advocate in mumbai. You can leave the contact number or email id and i will contact you back.

 No reference either in mumbai or delhi. 

@hema

There is no mention of conversion to being Hindu.

Also as per my understanding of law, anyone who wish to convert to another faith has to formally declare that he has converted to certain religion. And then he has to start living and observing the new religion. Like for example if anybody coverts to hindu from muslim, then he would have to start visiting temple, praying the hindu-god, wearing saree (in case of women) etc. Unless such is not practiced and the convert continues to visit masjid and continues to follow the muslim faith, the conversion would be void in the eyes of law.

In the above case, the author has not mentioned if she actually converted to hindu faith or not. And even if she did, is she living like a hindu or muslim?? My confusion is, that if it is a valid marriage at all. If there was no formal conversion and neither was the marriage registered, I feel this marriage in itself is void.

Please comment!!

//peace

/Saurabh.V

" As your marriage was Arya Samaj marriage, as per the procedure of Arya Samaj, she has been converted to Hindu religion and the marriage was held between two Hindus and so Hindu Marriage Act is applicable."

---   very correct.

go on HMA SEC 13B. Divorce by mutual consent

it is less costlier, comparetively eassy, both the parties have to consent on divorce.

There is no mention of conversion to being Hindu.

---   arya samaj can marry only between two hindus.

therefore it is understood that conversion tooks place.

@Arup ji

This presumption is fallacious that only after conversion did the party married at Arya Samaj. This is where my confusion arise. When only two hindu can marry at Arya Samaj, and there is no formal decleration by the girl in converting to hindu, the marriage is void ab-initio. There is no such presumption in law that whoever would go and marry in Arya Samaj would have coverted to hindu faith. What is the couple falsely state that they are hindus?

//peace

/Saurabh.V

1 to 4 of ms hema’s ans is correct.

5) What could be the approximate expenditure i would have to do?

It depends upon the bargaining.

Even you may apply by yourself also, as a petitioner in person. Then hardly rs 1000 will be cost.

As it is mcd, you may apply either Mumbai or delhi according to your convenience.

6)Please suggest me a advocate in mumbai.

Perhaps I gave you two lady advs  no of Mumbai. If not post it that.

What is the couple falsely state that they are hindus?

---   yes it is possible and in that case marriage will be void and no divorce required.

This presumption is fallacious that only after conversion did the party married at Arya Samaj

---   HMA SEC 2. Application of Act

(1) This Act applies-

(a) to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj

please also read validiation of arya samaj marriage act.

marriage solemnized by an arya samajist is valid only in case of hindu.

if the one party are not hindu, marriage not validiated, hence void.

similar provisions are there for muslim and christian marriage acts. if one party is not muslim r christian respectively, the marriage will be void. 

Wow... Thats so Great and Nice of you people..... You people really made me bit relaxed...

Thanks a Ton!

So let me answer few things as asked by you people in your replies ::

1) Regsitraion in Court :: No, I didnt registered my marriage in court.

2) Marriage Certificate:: Yes, We do have a certificate issued from Arya Samaj Mandir Head office, having both of our photos on it. only i possess those certificate or photos. And her name is mentioned as new name as per the Hindu Conversion certificate .. refer to point to 4 below.

3) Winesses :: Yes, We had witnesses at the time of marriage, two were my friends and two was her friends and pandit ji and pandit ji's family and some more people from arya samaj mandir. All these witnesses are now no longer in our lifes, so no chance there invlovement in our case.

4) Conversion to Hindu :: Yes, She was first converted her into Hindu. And arya samaj mandir pandit issued her a certificate of her conversion into hindu.. and with a  new name having my last name as sir name.. for Example- if previous name was Arshi Khan.. now its Sonal Mishra

5) Place for filing the case :: Lets say I am from Barielly- now working in mumbai, She is from Meerut, we did marriage in Meerut... after that i flew back to Mumbai and she moved to Delhi.. we never lived together... can i apply for Divorce in mumbai in this case.

6) Chances of retraction from her :: Zero %. as we both want to start a new life with some other person and we dont want to cheat!!! we are still in contact time as good friends. But sometimes thing dont workout.

All i can say .., MISTAKES DO HAPPEN :(

Thanks a lot again to you wonderful people.

Regards

Sunny.

kindly let me know if there's something i forgot to mention. i will mention that asap,

@Sunny

Your pt. 4 & 5 needs proper replies.

4.) If she converted to hindu, obtained a certificate then its formally a conversion. But did she continued to live like a hindu? Did she actually embraced hinduism or that conversion was just formality to get the marriage done?

If if was just a formality and she did not embraced hindusim and continued to live like a muslim, then the formal conversion becomes invalid and is liable to be quashed.

5.) You can apply divorce only @Meerut.

Even if witnesses were there at your marriage then also it can be declared "VOID" if above pt 4 is true.

//peace

/Saurabh.V

Well.. she continued to live like Muslim...it was just a formality...

but i dont understand... how it makes any difference... accroding to law she was converted and then marriage was done... now if now she even follows christianity... how can anyone proove anything out of it?

Mr, Arup... can you throw some light on it!!!

@Saurabh.. Thanks for your reply... but now i m getting more and more confused.

Regards

Sanchit Jain

can i apply for Divorce in mumbai in this case.

---   first talk to her for mcd. if she agreed for mcd, then no problem at mumbai. otherwise ask her where she likes to file?

" But did she continued to live like a hindu? Did she actually embraced hinduism or that conversion was just formality to get the marriage done?"   ---    this is very personal and better not to ask.