Need divorce

Dear Hina

Its not clear whether the said marrige is a registered one or not. Even if it is not registered as per the special marriage act, some evidence of marriage can be derieved from the Aarya Samaj ceremony or others. You are also not disputing your marriage. Also its clear from your narration that, you were major (>18) at the time of your marriage.

So if you want divorce from your parter, then you have to file a petition for the same before proper court of Law and have to follow the procedure.  There are several grounds for a lady to file a divorce petition. So you should contact a local lawyer who is conversant in this matter.

  you have a good case to win , if the facts  stated by you  are  accepted by the court. As the marriage  has taken place as per hindu  rights  and the oponent husband is  also a Hindu , you  are governed by Hindu law  atleast  in respect of this marriage  dispute, you   can file a divorce petition in the local court  ofyour  area ,possibly in the  family court   u/s 13 of the Hindu marriage act  and on the ground of  cruelty, if the oppnent is  unable to maitain himself he may  also  ask for maintenace and  exlpences  of the litigaton , but you need not  worry  about   that , what is important is to have divorce  thrugh the court , your marriage with  the opponent  is perfactly  valid  even if it is not registered according to law ,  the  special  marriage  act  does not  apply to the facts of your  case

you may  contact  me if  need be via LCI

@ Author

1. is this marg valid...n how do i figure out?
Take: Yes it is a valid Hindu marriage reason being you were converted into Hinduism at the time of Arya Samaj marriage ceremony and also just before the marriage you filled an undertaking form to embrace Hinduism with your wide open eyes at the age of being 18 years (age majority Act fits squarely upon you!)

2. Is the Arya samaj marriage of any relevance in case the court marriage turns out to be invalid?
Take: There was no Court Marriage in your case what is evidence in your query is that a marriage as per Arya Samaj ceremonies were conducted. Arya Samaj Certificate of Marriage is a valid certificate of marriage read with that video recording of your marriage which is enough to prove it to be a valid marriage of you two.


3. And ultimately how to get out of it?
Take: Beg him and his side of family to set you free is one way out. Second way out is to file a Divorce case using one of the grounds available under S. 9 till S. 13 HMA and file it in place where you are currently residing. Follow court proceedings and state evidences from yoru side on grounds for divorce and there pops your freedom one day or other. There is no other shortcut unless you go underground and emerge one sunny day in North Pole with second marriage to person of your liking which first Hindu husband cannot trace / do anythign about.


4. And what action can i take on him if he tries to harass or threaten me in the course of the divorce being processed?
Take: After filing the divorce case file a seperate civil suit for ‘injunction/restraining’ Order stating alleged harassment / threat etc. and seek appropriate direction from concerned Civil court restraing him not to do such acts till case on floor of concerend Court.

Common take on your query: There are reasonable Advocates available here who can assist you in Jurisdiction Court and suggest to talk to them on PM instead of doing it this time yourself.