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Ananth (Senior Analyst)     15 June 2014

Hindu girl and christian boy marriage - wants divorce

My Sister, a Hindu Brahmin is married to a christian in 1997. the marriage was not registered as she was a MINOR then. Moreover, she got married as she was carrying a child then. After 17 years of troubled life with frequnt physical, verbal attacks, she has finally decided to divorce him.

She is residing at her parents home. Since the time she left her husband, he has been constantly threatening to kill her, throw acid, etc. he even forced into the home and abused the entire family in front of public eyes.

When checked with a lawyer, she is being advised that she needs to go and file in a special court (chengalpet, Tamilnadu) as the marriage doesn't fall under Hindu Marriage act or christian Marriage act.

I get a sense of feeling that the lawyer is taking her for a ride. Need following clarification:

1)  Given she was a minor at the time of marriage and it was never legally registered, what marriage act will this fall under?

2) Is there any special court that handle such cases or can it be filed in Chennai court that falls within the jurisdiction?

3) Any good and reliable LADY Lawyer that you can recommend in this regard?

4) Have registered a complaint in NCW. Anything else to be done?

 

Appreciate if someone could help me in this regard.



Learning

 5 Replies

Gautam Kapoor (IT professional Studying Law)     15 June 2014

Since the marriage was not registered your sister is LEGALLY not his wife.The offspring if PROVED via DNA test is entitled for maintenance from his father.You have rightly registered a complaint if he is indeed harassing your sister.

Other senior Lawyers can advise further.

Gautam Kapoor (IT professional Studying Law)     15 June 2014

also agree lady lawyers are more sympathetic towards genuine case irrespective of gender ,but you also need to look out for expertise irrespective of gender who can well assist your sister.

LAST REPLY

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     15 June 2014

Give a complaint to to NCW. They mediate the matter and settle there maximum. 

advocate Avdhesh chaudhary (advocate/ legal consultant)     15 June 2014

IF YOUR marriage is not registered it is not a problem. for divorce you will fall in category of special marriage act 1925. court is generally family court for all family disputes. you should adopt more serious step in initiating criminal proceeding against your husband. ADVOCATE AVDHESH CHAUDHARY, 09891507137

Gautam Kapoor (IT professional Studying Law)     16 June 2014

Mr. Avdhesh -  Does this situation attract "Special Marriage Act"


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