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koustubh bhide   26 June 2023

divorse to be file under which act

wife want divorce. husband is not ready. wife is christian and husband is hindu by religion. both got married only by way of affidavit in which they have mentioned that our marriage is performed as per hindu rituals. wife has filed divorce u.s 13 i a as per hindu marriage act. advocate of opponent has taken objection that hindu marriage act is not applied hence matter may be dismissed. kindly suggest which act applies if wife wants to wife divorse.


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 2 Replies

T. Kalaiselvan, Advocate (Advocate)     27 June 2023

The marriage between two people belonging to different reliegions has to be registered under special marriage act alone and not under Hindu marriage act, hence the marriage if solemnised under Hindu marriage act would be null and void.

 

Dr. J C Vashista (Advocate )     27 June 2023

Since the marriage is stated to have been solemnised under the provisions of Hindu Marriage Act, 1955, which is required to be verified /proved by petitioner from documents/ record filed and averments made therein the petition, accordingly divorce is also governed by the provisions of same Act.


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