Anonymous
in Family Law
Asked January 17, 2018

Divorce under HMA

  • 3 Answers
  • 764 Views

I am a hindu, married to a (baptised) christian guy, whose birth certificate says "muslim" and has a hindu name. It is a marriage done after 8 years of courtship. we have mainly lived in two different countries. He doesnt live in India. Now the catch is, we got married under Hindu marriage act as we wanted an immediate registration and also through hindu marriage ceremony as my religion. Now post marriage he has been very angry with me, getting irritated for every reason and now wants to divorce me. There are no grounds of reason to divorce me except for that he doesnt like me anymore. His father also presurises him to leave me and marry a christian girl. Its been almost 2 years of marriage. How do i go further. He, after 6 months of no contact, wants to meet and part ways amicably. I dont understand how to go about this. Help if you can. Please.

Answers 3

You did not mention whag exactly you need. Do you also need divorce or not. If you do not want divorce let your husband file the petition in the court and you can contest. 

Agree Comment 0 Agrees over 3 years ago

your question is incomplete..You, a Hindu got married to a non-hindu (whether christian or muslim).. When ? The answer to this is important. In which Country that marriage was done?

If it was in India, Was it registered according to Special marriage Act? If it happened in anywhere outside India, it was done with full lega sanctity according to law of the land?

If your earlier marriage was legally a valid one, the second one you performed doesnt make any legal sense.

Moroer, only 2 Hindus can marry as per Hindu Law; inter religious marriage is valid ony as per special marriage Act.

Anything further, you can connect me in .. nine nine four six zero three zero four eight seven .. Adv. Madhuraj

Agree Comment 0 Agrees over 3 years ago

Dear Client,

If your husband is agreeing to part ways with you on amicable terms and also the fact that the marriage is already on the rocks, you can opt for mutual divorce proceedings before the Family Court on mutual terms and conditions. This process is not cumbersome and gets materialized in a span of 6 months. You are also entitled to a lump sum alimony amount to be paid to you by your husband. 

You can also go for annulment of the marriage if you can establish that he had married you by concealing his religion and had played fraud on you by the said act. In the event, a decree of annulment is passed by the Court in your favor, the marriage would be declared null and void. However, your husband can contest the said annulment proceeding and this might involve some time. 

Hope this clarifies your query. Reach out to me at 7787000846 for any discussion on this. Regards, Adv. Sandipan

Agree Comment 0 Agrees over 3 years ago

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