Dheeraj SHah (manager) 01 October 2018
N.K.Assumi (Advocate) 02 October 2018
Marriage is solemnized in Church not Divorce. It appears that your marriage was solemnized according to christian laws and for divorce one has to present petition in District Court, and not the church.
Dheeraj SHah (manager) 02 October 2018
Dr J C Vashista (Advocate) 02 October 2018
Divorce in a church is invalid and illegal. It has to be decreed by civil (district) Court only.
If you are not interested in divorce (as desired by your husband) contest the same.
Have you filed a case for maintenace for yourself and children ? If not, move to your area Family Court or Magistrate through a local prudent lawyer.
However, if you are located in Delhi and feel, may contact me (on appointment) at:
Ch. No 647, 6th Floor, Lawyer's Chamber Block, Dwarka Courts Complex, New Delhi-110075
Cell # 9891152939 email: majjagdish@yahoo.com
Vijay Raj Mahajan (Advocate) 02 October 2018
N.K.Assumi (Advocate) 02 October 2018
The peculiar feature of Christian marriage is that a husband can divorce his wife only on the grounds of adultery, but it does not give rights to wife to divorce her husband even on that ground unless the husband adultery is coupled with cruelty, bigamy and desertion etc, at the most she can asked for judicial seperation.The only grounds for a christian wife to petition for divorce are husband's conversion to other religion coupled with marriage with another woman or husband's guilty of rape, sodomy or beastiality. There is a need to look afreash in this anachronistic Christian Matrimonial laws in India.Thus, it will not be easy for your husband to divorce you without any proof of adultery on your part.
Vijay Raj Mahajan (Advocate) 02 October 2018
Vijay Raj Mahajan (Advocate) 02 October 2018
Dheeraj SHah (manager) 02 October 2018
N.K.Assumi (Advocate) 02 October 2018
Thanks for the informations Vijay Raj Mahajan, I was not aware of the new Amendments, and it's really good to know that it has been amended..
Vijay Raj Mahajan (Advocate) 02 October 2018
Samarpan (M)99958670740 (Free legal advice and legal aid cell) 02 October 2018
Need not play in the hands of husband. Just refuse for divorce as you are not interested. As he desires divorce, let him take legal steps to obtain it. It is not that much easy to get divorce, if another spouse is not willing and unless you give your free consent for mutual consent divorce. Next financial difficulties you and your children are facing. File Section 125 cr.P.C. and get handsome maintenance every month. The requirement is that you should provide his address so that court notice has to be served and also his employer's address (notice can be served through employer, if you do not know his residential address). The court will pass directions to his employer that to deduct your maintenance amount from his salary and deposit it in your bank account.