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Shuaieb Anwar Khan (Human Resource Professional)     22 January 2014

Divorce if wife is not a hindu (hindu marriage act)

Hi Experts,

I have a friend who is currently seprated with her husband, She got married 10 years back according to hindu rituals in a temple with no documentations. She being a Roman Catholic and he being a Hindu. At the time of marriage she was 24 and her husband was 20 years (Underaged). No kind of regestiration were done even after her marriage. Both have a daughter of 8 years who stays with her. From past many years the wife been takin complete financial contol of her daughter and her house. Also the husband has fraud cases already regesterd with him. After 9 years both got partially seperated but were still in touch. Recently an act of Sexual assault and voilence made by the husband she decided to leave him completely (NC was also regesterd with the local police as he had done physical voilence ouside her office during her office timings, were she called the local police who took over the situation). Now as per a recent judgment by Bombay High Court "Divorce under Hindu Marriage Act applicable only if both parties Hindus – Bombay HC" {ref:// https://www.vakilno1.com/legalviews/divorce-hindu-marriage-act-applicable-parties-hindus-bombay-hc.html}, Now she has only her PAN and AADHAR card with the Husbands Last name and all other documents in her maiden name. Currently Were she is working the last name is in her Marriage name. Now she has decided to File a legal Divorce were she no longer wants to use her Marriage name only wants to use her MAiden name. So really would seek yours suggestion / help in filing a legal seperation and a case against his act and torcher that the female has incured recently and in her past.

Thanks |



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 6 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     22 January 2014

Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. The intangible acts of cruelty through mental torture are not judged upon one single act but series of incidents. Certain instances like the food being denied, continuous ill treatment and abuses to acquire dowry, perverse s*xual act etc are included under cruelty.

Shuaieb Anwar Khan (Human Resource Professional)     22 January 2014

Hi sir the real query is how can they both be separated.

Shuaieb Anwar Khan (Human Resource Professional)     22 January 2014

Hi sir the real query is how can they both be separated.

Shuaieb Anwar Khan (Human Resource Professional)     13 March 2014

hi everyone need an advice on the same

Shantanu Wavhal (Worker)     13 March 2014

no need to file for divorce.

the marriage itself is null and void.

Shuaieb Anwar Khan (Human Resource Professional)     14 March 2014

What is the procedure to Nullify the marriage????


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