Divorce query

You have no grounds to file divorce petition.  The only available ground for you is desertion, for this also you will have to wait for another one year. Jurisdiction to file divorce petition is whether the marriage took place or where both you are resided last together.

Ask her whether she is willing to give mutual consent divorce.  Then you can file mutual consent divorce.  If she refuses for divorce, you have to file divorce petition on the grounds of cruelty and desertion (You have to create cruelty ground for the sake to get divorce).  As already you are living separately since one year, now you can file petitioner either mutual or divorce. No need of waiting further.

For custody of child also decide whether your daughter should be with you or with her mother.  It can be recorded in the court itself.

If she cannot afford for Advocate, she can directly contest the case.  In case if you want to aid her you can appoint Advocate on her behalf also.

Regarding maintenance, you have to give maintenance to your wife and your daughter depending upon your salary even after divorce until she remarries. 

I appreciate your suggestion Mr. Ravindran.

Do I need to file the case from Chennai or Mumbai (as marriage registration is from Mumbai).

Could I have a copy of mutual consent divorce format for me to go through and explain to her as she has speak English but cannot read fluently to understand.

What is the time process of Mutual consent divorce. Since I'm a Catholic and she converted do I need a letter from church for the same.

I would allow daughter to be in her custody for her upbringing but visitation detail to be clairified.

Also if you from Chennai, I can get in touch with you to draft the same and proceed this - hence please send me your contact no. and email id.

How do I identify if the marriage  registered follows Christean Marriage act or Hindu Marriage act? As I'm a Catholic and wife being a hindu continued with christeanity during & after marriage. She has converted as per church - as per Mumbai rules she was not allowed to convert. My marriage certificate is a normal one does not signify in particular any religion significance.

Is there a different rules or norms to follow for filing divorce or proceedings?

It was solemnised in office of the Marriage registrar, Govt. of Maharashtra in July 2005 and then married in catholic church by December,2005 - Chennai, that is a church certificate.

You have to file court case in Chennai, where you both last resided

Giving a copy is not problem. Though the family law is formed for the welfare of the wife and husband, they can argue before the court themselves without a lawyer.  But in practice it is difficult to follow.  The reason is that if you personally files a case before the court, the other side for instance your wife will engage a lawyer on behalf of herself.  Since the lawyer is a technical person you cannot win against him.  Hence, nowadays everybody will engage a lawyer.  Over and above, the family law involves number of act, rules, circulars etc which a lay person cannot understand. My best advise is to hire an Advocate nearer to your place in Chennai and file the case.  Once you engage a lawyer he will give you drafts and explains all the procedure, don’t worry.

For mutual consent divorce, it may take between six months to one year.

You said that you have performed marriage in Mumbai registration office, but you have not mentioned that by the time of marriage,  your wife had converted or about to convert.  In the records of registration office what your wife has mentioned as a Christian or hindu.  Under what Act the marriage was performed.  If your wife had converted from hindu to Christian before marriage, how she has converted, what is the procedure you have adopted. After giving the above details I can answer. send me a scanned copy of the marriage certificate through attachment. 

Visitation of your daughter can be recorded in the court itself in the mutual consent divorce.

I am from Hyderabad, my email id is ravinder2345@gmail.com

Hi Sir Ravindran,

You are right, I should file the case in Chennai itself. If I could send you the copy of my marriage certificate is it possible you can check on this - if hindu marriage act been adopted or Christean Marriage. I think she converted herself in church not in the eyes of law. I'm also not sure also if her name is registered in church as a Catholic. We exchanged rings in front of the registrar with two witness from my side - my aunt & mom and her parents & brother.

Do statewise family laws are different.. If I file a case in chennai and if she files a case in Mumbai will it be dealt seperately. Will the weightage to my filed case go weaker.

What is the key differences between Christean marriage act & Hindu Marriage act.

I'm grateful to all suggestions you have given so far. Could you recommend a lawyer from Chennai who is specialised in it as the woman has upper hand in all this.  

I have seen your attached copy.  I could not see anything relating to religion.  Anyway, even if your wife had converted her religion in charge it is enough.  Your marriage will come under Indian Christian marriage Act.  Even if she does not convert to Christian, then also it will come under the same Act. Your marriage will not be governed by Hindu Marriage Act, because both of them should be Hindu for this Act.

Sec.4:-- Every marriage between persons, one or both,  of whom is or are Christian or Christians, shall be solemnized in accordance with the provisions of the next following section, and any such marriage solemnized otherwise than in accordance with such provisions shall be void.

 In either case, the procedure is the same to mutual consent divorce. You both have to  give affidavits separately before the court stating all the facts that your wife converted from hindu to Christian before marriage and her religion was converted in the ……. Church on ….. and your marriage was performed under the Indian Christian marriage Act” etc.

I have no idea about lawyer in Chennai.  You can find the same from Lawyersclubindia or google. 

Dear Sir Ravinder,

Thank you once again for promt response.

If I'm an Catholic and she a hindu on certificate will this marriage be void else which Marriage act would it adopt. She may have certificate from the church but not from court for sure on conversion. How to track if my marriage certificate follows which act then.

I'm doing this ground work to make my move as non controversial as it could be.

Currently i'm in UAE so If I file the case do I need to be in India till completion of the case or I can file and leave the rest to my lawyer to handle. What if she files cases after cases after knowing I have applied for divorce as I read here on this forum.

I would have been happy if you could guide and take up this case since we are very much in sync and you are well versed as well or if you have some link in chennai and you could add value to the case.

OK, if you are so much interested, I can take up the case and I myself go to chennai and if possible, if you permit me, I can visit your wife and daughter there and try to convince them for mutual consent divorce and one time settlement. I have got your email id but anyway give me once again for confirmation.

 I will mail to your personal email within one or two days.