Interfaith couples should seriously consider legality of your planned marriage(s) as per your country’s laws (see table below). The choice(s) of your marriage(s) (like Nikah, Hindu Vivaha and/or church marriage) have major implications for validity of your marriage, to your married life, and especially during divorce and child custody. You must seek legal advise.
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Country | Reference and additional information |
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UK Marriage Laws | Advise from one expert: UK Laws. This is applicable to most secular countries. For INDIA, see below. |
Marriage to any Muslim | Sharia laws (VIDEO), Sharia even not converted, International Sharia Laws |
Malaysia Marriage laws | Malaysia Marriage laws, Expert’s advise and Marriage Between Muslim and Non-Muslim. Malaysian Government’s site, also read Malaysia interfaith couples, Sharia even not converted, |
Indonesia Marriage Laws | Indonesia marriage laws, |
Singapore marriage laws | Singapore’s secular laws, Muslim Inheritance Law – Faraid |
Dubai Marriage laws | Dubai Saria Court Registration |
Jordan | Jordan Marriage laws |
Israel | Israeli law permits only religious marriages held by religious testimony, and does not allow civil marriages. Among the Jewish population, the Chief Rabbinate, which operates according to Orthodox Jewish standards, has a monopoly over marriage. Only those who are recognized as Jews according to Orthodox Jewish law can get married in Israel. Members of other religions can only marry spouses of the same religion and only by their own recognized religious authority. The result is that no interfaith or non-religious marriages are allowed in Israel. However, the Ministry of Interior registers and accepts civil marriages held abroad. Also read this. |
India | See below |
INDIAN MARRIAGE AND DIVORCE LAWS
Below information is taken from: LegaLight and SudhirLaw.
India has a dual system of matrimonial laws. Various communities or groups of communities are ordinarily governed by their personal laws, while at the same time individuals can opt out of the community-specific family-law regime and voluntarily subject themselves to the national laws on civil marriages.
A. PERSONAL LAWS:
Hindus (includes Jain, Sikh, Buddhist) are governed by Hindu Marriage Act, 1955. For details, read LegaLight, SudhirLaw and Wikipedia.
Muslims are governed by their personal laws under which “Nikah” (i.e. marriage) is a contract and may be permanent or temporary and permits a man to have four wives if he treats all of them equally. To have a valid “Nikah” under the Muslim Law, presence of a Qazi (Priest) is not necessary. Merely a proposal in the presence and hearing of two sane males or one sane male and two sane female adults, all Muslims and acceptance of the said proposals at the same time constitute a valid “Nikah”. Under Indian laws, a husband can divorce his wife without any reasons merely by pronouncing three times the word “Talak”. However for a Muslim woman to obtain divorce certain conditions are necessary. Read LegaLight.
Parsees there is a Parsee Marriage & Divorce Act, 1939 that governs the provisions of their marriage and law. Read LegaLight.
Christian are governed by an Indian Christian Marriage Act 1889. Read LegaLight. If one party thereto alone is a Christian, such a marriage becomes valid only if the personal law of the non-Christian Party treats such marriage as valid. Where the wife is a Christian woman and the husband is a Hindu, there is no prohibition under Hindu law for such a marriage. Where one of the parties to a marriage in India is a Christian and the other party is a non-Christian the best course to adopt is to solemnise the marriage under the Special Marriage Act, 1954 (Wikipedia).
B. CIVIL MARRIAGES:
Persons of any religion (Hindu, Muslim, Christian or Parsee) who get married under the Special Marriage Act, 1954 (also called “Civil Marriage”) are governed by the said act.
THE SPECIAL MARRIAGE ACT, 1954 (General Marriage Law):
1. It extends to the whole of India except the State of Jammu and Kashmir and is applicable also citizens of India domiciled in the terrorists to whom this Act extends.
2. The Special Marriage Act, 1954 provides for a special form of marriage in certain cases and for the registration of such and certain other marriages and also for divorce available to all citizens of India married under the Act. A marriage between any two persons (Muslim, Christian, Hindu and others) may be solemnized after giving notice thereof under the Act. It may be solemnized in any form, which the parties may choose to adopt. After the marriage has been solemnized, the Marriage Officer shall enter a certificate thereof and the parties to the marriage and three witnesses shall sign the certificate of marriage. There is also a provision for registration of marriage by Marriage Officer any marriage celebrated whether before or after the commencement of the Act. The effect of registration of Marriage is that all children born after the date of ceremony of marriage shall in all respects be deemed to be the legitimate children of their parents. The marriage of any member of an undivided family belonging to Hindu, Buddhist, Sikh or Jain religion, solemnized under this Act shall be deemed to affect his severance form the family. The Act provides for remedies like restitution of conjugal rights, judicial separation, nullity of marriage and divorce on the grounds specified to the respective sections 22 to 24. There is provision made in the Act for the grant of alimony pendente-lite and permanent alimony to the wife.
SOLEMINIZATION OF SPECIAL (CIVIL) MARRIAGES
Conditions relating to solemnization of special marriages:
A marriage between any two persons may be solemnized under this act, if at the time of the marriage the following conditions are fulfilled, namely: –
1. Neither party has a spouse living:
2. Neither party is capable of giving the valid consent to it in consequence of unsoundness of mind; or
3. though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children: or
4. has been subject to recurrent attacks of in sanity
5. the male has completed age of twenty one years and female the age of eighteen years;
6. The parties are not within the degrees of prohibited relationship:
7. Provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degree of prohibited relationship; and
8. Where the marriage is solemnized in the State of Jammu and Kashmir, both parties are citizen of India domiciled in the territories to which this Act extends}.
For additional details, read LegaLight, SudhirLaw and Wikipedia
C. MULTIPLE MARRIAGE CEREMONIES
Sometimes, a couple go through multiple marriage ceremonies to please parents or for personal preferences. For example, Shah Rukh Khan had a court registered marriage followed by a Hindu (and Nikaah too?) marriage ceremony. Legally, only the first marriage ceremony and laws relating to it are applicable. Check with an attorney for details.
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Advocate Shuma Talukdar says: September 18, 2013 at 10:18 pm
Law is very clear on this point. Couples of two different faiths willing to get married have to get themselves registered under Special Marriage Act. Once they get registered under Special Marriage Act, they will be governed by the provisions of Special Marriage Act, and other secular laws. Religious laws will have no implications on them. In your case religious rituals after getting registered will have no implications.
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Jay: Court marriages can be done in 2 ways.
1. Get a marriage registration application form thats available at court filled by both the girl and boy.
After submission of the form both get a notice at their addresses and they have to respond to it in court which will issue a marriage date accordingly. You will then appear before the magistrate on the given day with 3 witnesses and get married then and there. You also get a marriage registration certificate.
2. There are times when 2 consenting adults want to get married without letting their parents know about it. In case you dont want a notice to reach your home you can directly appeal to the court for marriage.
Please visit any nearby court and meet with any available marriage counselors or lawyer about the same.
The lawyer will prepare your papers and present both the guy and the girl in front of the magistrate and get marriage orders.
This process hardly takes a day or two. You have to provide your identification proof and photographs.
PS- A lawyer will guide you the best. They charge nominal fee for it but in case they charge you a hefty amount visit another lawyer/counselor. –Jay
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ADVANTAGES OF A MARRIAGE BY HINDU MARRIAGE LAW:
No Name says: November 22, 2012 at 1:49 pm
Hindu marriage law is governed by The Hindu Marriage Act, 1955 and Hindu Succession Act, 1956 in India.
1. The Hindu Man and Woman have equal right to divorce his/her spouse under Section 13 of the Hindu Marriage Act, 1955. Divorce can be granted by Court only. Neither by the party himself nor by any group or Religious person.
2. She has all property or inheritance rights not only from her husband but also from her parent under the Hindu Succession Act, 1956. see http://www.lawyerscollective.org/files/LCWRI%20INHERITANCE%20REPORT.pdf also
3. She can marry any other Hindu even is he does not belong to his caste. there is no requirement of Horoscope matching which is a voluntary act. Horoscope matching is a astrology job to match the astrological features of boy and girl. It is not a cumbersome procedure or difficult job.
4. The dowry is banned under the Dowry Prohibition Act, 1961.
5. No Hindu widow is burned with the dead body of her husband.
6. She can remarry.
7. The widow is not considered to be a curse and she participates in all function. There is no ban in coming in public. She can wear jewelry or colourful clothes. (She takes part in her children’s marriage!)
8. Child and infant marriage is banned and penalised on complaint. -No name.
Other reading materials:
Hindu-Muslim Marriage Laws in INDIA (Hindu Post)
Become a Hindu to marry a Hindu: Supreme Court
Recent Newspaper news on interfaith marriages
Converted wife can seek divorce only after renouncing Islam: HC (October 2014)
Arya Samaj marriage not valid for a Muslim (Times of India)
Don’t fake-convert (legal issues)
Muslim laws on Polygamy and Talaak
Marriage laws in India – good information
Section 2 in the Dissolution of Muslim Marriages Act, 1939: Grounds for decree for dissolution of marriage.—A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage… Read
Readers, if you know of special legal cases or have experience, please share it here for the benefit of other interfaith couples.
Disclosures: InterfaithShaadi is an international organization and has no legal credentials in any country. All advise provided here are based on common senses. You should check with a marriage lawyer/attorney in your own country for advise.
Return to Interfaithshaadi.org
abi
In case the bride sends legal notice to your friend then kindly forward me a copy through admin.I think your friend will get some relief.
Admin,
Which Muslim you are talking about?Please give me the name to find out from several postings.
Md.Zia-ul-Haque
See below… https://interfaithshaadi.org/?p=981#comment-419678
Admin,
Just tell me the name please. I will/find it out. Thank you for giving me an opportunity to atleast help one reader/viewer.
Md.Zia-ul-Haque
See below….
abi says: September 24, 2018 at 1:24 am
Admin,
Divorce(called talak when given by the groom and called khula when given/taken by the bride) is most disliked by Almighty Allah though not prohibitted in Islam for several/various reasons. If the boy wants to divorce the girl/bride without any valid reason then he has to give her maintainance till she marries else where.
Admin,
Divorce(called talak when given by the groom and called khula when given/taken by the bride) is most disliked by Almighty Allah though not prohibitted in Islam for several/various reasons. If the boy wants to divorce the girl/bride without any valid reason then he has to give her maintainance till she marries else where.
This not a f
hi mam,
one of my muslim friend badusha married to a muslim girl&at first she was not intersted to start a life with him ,so he flied to other country fr 3 months and now she s forced by parents to live with him and now willing to live with him.bt some missunderstanding between two families and now he s not willing to live with her.and she is still virgin.but her family members complaint in jamath and asking penalities and now they r ready to file a case in court.so my friend wants to know wt will be d action taken for tis case and he s nt willing to live again with tat patner.asking for divorce and now she s not accepting mutually for demanding money.please reply for tiz mam.
Hi, facing lot of problem to get divorce from my wife, staying separated from last one year, and I want to file divorce case but she is not ready, so can I change my cast to get divorce easily, or else any other suggestion that can help to get me out from this.
How did you got married… Hindu, Christian, Muslim or special marriage act? Changing religion now will not help because your marriage/divorce is dictated by how you got married. If you are Muslim, simple talaak, talaak, talaak is sufficient in India and most Muslim countries. For others, divorce is difficult and you should be ready to pay alimony. We hope you do not have any children. Contact a local lawyer/attorney and he/she will help you.
I am Hindu and she is also from same cast, and yes I have child, I am ready to take his custody..
Good to know. However for “change my cast to get divorce easily”, answer is NO, it will not help. Contacting a lawyer and go through routine process is the option. However, in the end, note that the lawyers will be rich and you two poor.
List what are your main two issues with her. Specifically, what are issues relating to parents?
Thanks for your friendly reply,
1. She is not ready stay with my mom in same house. And I don’t have father and other support for my mom, I am the only one is for her.
2. And because of her behaviour I lost the opportunity to work with Dubai based company, was totally helpless and was not able to change her attitude and nature towards me and my family. Bcz of all ths mess I am not able to concentrate on anything and now I am jobless.
Just want to finish everything and start new life with my mom. Please suggest me something which will help me. Thanks
Unfortunately you have to decide between your mom and wife. This has been common issue all these years and will be. There is nothing wrong with your wife, almost todays’ no girl will want to live with her M-I-L. Are you willing to stay single for your life?
We hope you are not one of husbands who learned to suppress only wife and will not say a thing to mother, even she is being totally irrational. At least we could say that blame it on your mother and your wife, and even more on you that you did not managed well between them. Today, unfortunately, joint family is a thing of past.
Sorry that you are jobless. Somehow you have to learn to focus on job and not external factors while at job. It is easy to say for us but difficult to follow.
I am a christian and married a hindu. We first got married in church and then in a hindu ceremony. Due to problems in our marriage i filed for divorce in a foreign country as we ummigrated a few years ago. I used the catholic church certificate fr the divorce which came thru. I would like to know if the hindu marriage is still valid n should i file for another divorce?
Hi Pearl,
We are not a legal expert but let us guide you based on our limited experience.
Did you filed your divorce papers with any government authority? You should.
In India, government knows only the marriage that you register with government. Most probably, the church registered your marriage as per Christian marriage Act. So far you have made your Christian marriage void, that should be sufficient. You have a legal divorce and that should be good for other situations.
Tell us what was problem with your marriage? Was it any way related to religion?
Probably for your marriage, you may have converted to Christianity by baptism. That is a legal procedure and can have legal implications. Do you wish to remain Christian? If not, you have to formally convert to Hinduism and document it.
Sir, i m 37 years old and i have done love marriage with anita in 2008,,after that i have a baby, now is years old,,,now i want to do second marriage with other women,,while my first wife not ready to giving me divorce,,,now how can be possible to do second marriage. we are living apart from each other since last two years
You wish you were a Muslim!! Sorry, you are a non-Muslim. You have to contact a lawyer and go through divorce process. What are you planning for your baby if you get divorce?
i want to know-when a women of brahmin family is married to a man from backward cast (Yadav). if they are getting divorced. what cast will that girl fall into after divorce.
Good question but we do not know a clear answer. If it is India, probably the father’s faith. If you both agree, it is what ever two of you two decide. Why are you asking this question? Do you want your child to have benefits of being of a backward class? If not, how does it matter?
my concern is not about my child.i just want to know. if today i being a brahmin girl marry a yadav guy. and in few years he happen to leave me or i happen to leave him.. i.e We get divorced. after the divore what caste will i belong to. I did not mention about any CHILD and BIRTH and RESERVATION.
If you want, you can maintain your maiden last name after marriage, if he agree to it. We believe there is no law that says you have to change your name. Caste comes in picture only when you are trying to apply for job or try to get benefit from it. Lets say you have a divorce after five years with that yadav, you can always change your name last name back to your maiden name and your caste go along with it.
If you are not proud of what he is, why do you want to marry him? Why not treat him like a good human being and a good Hindu and be proud of him?
Thank You !
Hello, I am in great problem i was in relationship with a guy from 2 years and 3 month.He torchered me for physical relation and gives me the promise of marriage. On 7 Dec 2014 we got married but the marriage was in temple in presence of our two friend. And then boy said we will do marriage in front of our parients after 2 years. And 2 years completed now he is refusing me to marry as his parents are not agree for our relationship. We were in physical relationship form 2 years and i abort 2 times.And now my parent know each and everything as he told him last week so that he got freedom form my end. Now i dont have anything in life.Is there any act so that i can lodge a police complaint against him i have all prooves like messages, photos and call recordings.
Please help i am very dissappointed from my life.
Pooja,
Every one makes mistakes in life. More important is how you fix your mistakes and put your life back on track. Those who fails in doing so, fails for life. Those who manage to put their past in the past and learn to start working for the future, can excel.
From reading all these, it appears that your relationship and marriage were consensual. There is very little police will do unless you can prove there was something illegal about it or there was physical abuse. However, keep all evidences, do not destroy out of emotion.
Tell us what you wish to do now? Do you want to marry him legally, be his wife and raise his children? Alternatively do you wish to forget him and start a new life?
solution plz…My friend married with budhist girl but it is not legal she is under 18 and from 2 years they not live together becouse she have helth issue… he dant want to stay with her… but she not give him divorce she force to pay money…they not tell my friend that she is under 18 of marriege time & she have Health issue also…They chits with my friend…he want to marry with other girl what he can do in that situation plz help & give Solution
They are married, that is a fact.
She being underage at the time of marriage has to be discussed as a part of the divorce process. If she had some serious health issue before marriage and did not disclosed, again that has to be discussed at the divorce time. Contact your divorce lawyer. Note that divorce will be very expensive and time consuming. For these reasons, it would be wise to pay her well (rather than the lawyer) and settle the case.
Hello admin.
I m a Muslim married to a muslim woman as per the Muslim laws of marriage. The marriage was also registered as per the Tamil Nadu registration of marriage act 2009. If I want to divorce my wife, can it be done as per the Muslim laws or the civil laws also applicable? If so, then how to go about it. Thank you
We believe it is Muslim laws apply (talkaak, talaak, talaak) but we do not know specific about your state. Check with your imam or a local lawyer.
Hi. M in trouble. Don’t know what to do! I got married as per the hindu rituals. It was going good at first then later on in had gone to my native to perform a ritual. Then after coming from my mother’s place I found a little bit of difference in my husband’s and my in law parents behaviour then as the day passed the difference between myself and my husband started growing. On day I don’t know what talks were held between my parent in laws that they started torturing me giving lecture for 4 to 5 hrs in the night saying that after marriage the girl do not have any relationships with her parents and are dead for her n so on n my husband and my in laws forced me not to talk with any of my parents or people who have bought me up. My husband forcefully made me to put a promise as to not to talk to anyone, it was like a house arrest for me he used to not to talk to me n used to stay with his mother. And had done even more. Now after knowing all this they say thy haven’t done anything. So I have left him n that house and it’s almost one and a half years that I’m staying in my uncle’s house without any monetary help by them and in the mean while a gave birth to a baby girl n it’s been 10 months that they haven’t come to see my baby and and in the 1 1/2yr my husband have sent letters which have torched me even more. Now they have gone to the court under the restitution of conjugal rights. I want me n my husband stay separately far away from his parents. He is not willing to come n I don’t want to go there n there is no much communication between us. Please help me..
Reply at https://www.interfaithshaadi.org/?p=11699
Dear Admin pls pls pls help me. I m not finding any solution on this. I m Hindu married to Catholic girl since 2009.
And fact is that she is still virgin. As she was never comfortable to have intercourse. And even I never forced her. And due to this ant many other reason we decided to have mutual divorce and filled petition in 2013. But later she changed her mind. And now when I put 1 side case she appointed lawyer. And I see this case will long yrs. Which I don’t want too. As I wanted to settled down with other girl asap. I really have no idea wht I shd do. And also she wants to keep children in her religon onl which I could never accept.
So on what ground I can fight n get divorce frm her. Pls pls pls help.
Pls contact me if u can so I can explain u more better I really want to come out of this soon as it’s spoiling Mt career health and affecting mentally too.
Reply at https://www.interfaithshaadi.org/?p=11618
Hello admin I married hundu girl but we don’t have any baby last 6 years that’s why my wife forced me to marry another girl for baby our marage not registered with any legal act we don’t have any marriage certificate we married in Tempe so we lost that certificate other side the other girl was agree for marriage in this situation & I have a son from second wife but she wants divorce from me my second marriage was also done temple and that certificate torn my second wife she is mentally sick,she threatening me always staying that she will commit suicide lot of time she left home I bring her back but now she wants divorce from me I’m agree for it but don’t know what it do plz help my first wife her never gave any trouble she also never gave any trouble to my first wife we live together but now she wants divorce how can I give her divorce in this situation plz help
Basically you are married but don’t have any registered marriage with the government. If you now separate the same way, then there is not going to be any issue. Government is not going to come at your door asking why you two are not now living together. However, if any one (like one of your wife) contest to your divorce then you will have a legal issue. If you want to make it clear, for divorce, contact a divorce lawyer and go through a legal divorce. You will have to decide for money payments and child custody and a judge will be involved to decide the divorce terms. Best wishes.
Hi – I’m a journalist here in the UK. I’m putting together a report on interfaith relationships in India, and I’m keen to get in touch with the site’s admin.
I can be reached at geoff@gwhite.info or on +44 7470 177 915.
Thanks – I look forward to speaking with you.
Geoff.
Hi I’m a Hindu girl. I married to a Muslim boy in aug 2014 in both traditions with both sides parents blessings. After the marriage with in a week, we came to USA for masters on seperate F1 visas. My husband and me didn’t register our marriage. But on the Muslim side marriage they changed my name to Muslim name. As I already got F1 visa with my birth name before my marriage. We came here with no issues. But after my masters I updated my marital status as married and also filed USA tax returns on the name of me and my husband. When we had a necessary to get marriage certificate, we tried from Muslim marriage side. They said they will give certificate with my new name only. As I have all my certificates, ID proofs, Passport with my birth name. It would not work that certificate here in USA. As we got married in Hindu tradition also , we tried to get a certificate from Hindu side. They said that we can’t count it under Hindu marriage act. Someone said that there is an option of special marriage act for us. But we want the certificate that we got married in aug 2014.We are planning to come to India in January or February 2017. Can we get the marriage certificate that we got married in aug 2014 and got registered now in 2017 ( I have hindu marriage photos,videos,marriage receipt from function hall,wedding card) and Is special marriage act applicable for a hindu girl and muslim boy?can you please help me to get marriage certificate in the correct way.Thanks in advance.
Reply at https://www.interfaithshaadi.org/?p=11562
If I convert to Christianity can I divorce my wife.. because she doesn’t want to convert..
No.
If you wish to divorce her, you have to go through routine divorce process. Your change of religion has no meaning to your current marriage.
Can you tell us why you wish to convert? Did you consider Islam or Buddhism?
hi
I’m in big problem . My english is not really good but I have been listening lots of things about u and I have some quations to which I am looking for answers .
2 years ago I married a Hindu girl. 15 days before marriage she accepted islam and convert in to the islam. I never forced her to change her name but she did it all on her own decision. We had a court marriagr in the presence of Kazi ji and with Islamic nikha.
Aftr wedding I taught her namaaz and other islamic traditions and she also performed namaaz. But after marriagr she used to be stay at her place with mom. We told her mother that we r married after 5 months. She told me dont tell everyone about the said marriage now, let her complete her education. My family also supported her alot in it .After education that is , in July 2016 she told about our marriage at her place. Till then she was in support of the marriage. She even wanted to go to the police station because she was scared and kept telling me let’s go. She was strong and she was willing to fight with her family aftr tell about us. Her brother (sibling) would beat her on numerous occasions about which she told me. On 3 july, her brother mom and she went to her masa’s place and there they all forced her to leave me but she was not ready she told them to u at least meet me and and my family once . They were not ready and aftr all this her masi told if u leave your nana, nani mom will die.
Now my wife still is missing ,not in contact
Also I contacted police but they are not helping me. 7 days ago I got a letter of their advocate telling me that I used fraudulent ways to get married and she didn’t not know she is being coverted to islam .
The advocate produced me her reconversion from Islam to Hinduism and one Kazi of Mumbai gave them certificate .e stating her reconversion to Hinduism makes the marriage null and void as per Islam , she is not u r wife now so she is free from religion and married life
All over in the affidavits they sent me they mentioned that she converted to Islam on 18 September 2014 (on day of marriage) bu in reality she converted on 9 September 2014 with affidavit n her wish.
They are not letting me meet , talk or even see her. I just want to know answers to some questions.
1) Can Kazi give certificate without knowing all the matter without watching any affidavit and all is it ?
2) if my wife converted in Hinduism because of force and harassment, but she cannot help it without even telling or asking me so is it acceptable in islam and is she still married to me ?
3) What can I do for her ?
4) Is my marriage perfect ?
5) Am I still in the marriage ?
Reply at https://www.interfaithshaadi.org/?p=11631
Hi its been 9 yrs of my marriage n I have a kid , my husband has run away n living some we’re in Delhi he s not even ready to look after me and my kid since marriage , its been 1 yr I filed maintenance against h n still dates going on . I want to marry a person whom I love who is sincerely waiting for me . can I just marry him without divorce decree. As my husband not capable of taking care of me n my kid , always running away from responsibility kindly revert me
We are sorry to hear of your situation, it must be very hard life.
Polygamy is not allowed in India for non-Muslims. Unfortunately, you cannot “marry him without divorce decree.”
I M A MUSLIM UNMARRIED 25 YEARS BOY I WOULD LIKE TO MARRY WITH A GIRLS WHO HAVING MORE THAN 2 YEARS OLD & SHE GOT ALREADY MARRIED & HAVIBNG 2 BABIES, HER HUSBAND NOT CARE HERE SHE WANTS TO MARRY WITH IS IT POSSIBLE TO MARRY WITH HER, PLEASE KINDLY COUNSEL ME , REALLY I M SO CONFUSE. ABOUT IT.
Mine was an intercaste marriage, he forced me into a court marriage by giving suicidal threats. I was frightened as he tried suicidal attempts in my prese ce,that had a huge impact on my mind n i became his puppet.a fter marriage,he was very abusive. 9 mo ths aftr marriage,my parents came to know that i was suffering from some mental disorder so they came to pick me up from thr. He din let me, infact broke me from my parents. One day i secretly called my parents n in his absence i left that home, n i was taken to psychiatrist,who said it was schizophrenia. N since then love changed a lot, i tried to make it up but din work, he din come, but i filed divorce,n again he din come. He showed his face on the day d court was going to gv decision in my favor.he jz wants to hurt me n my family, i dont knw,if he s still single or married. I cnt go bk to him. I hate tht person. I want to move on, have a family, kids. But he gvs an excuse everytime n misses court. Courtlady too is very strict . She treats me as if i m d culprit. I hate tht lady. These ppl r ruining my life. My one mistake has cost me n my family so much f pain
Reply at https://www.interfaithshaadi.org/?p=11498
My life is spoiled by him n he on other hand is enjoying his life. I din file any domestic violence case as i din want to spoil anyone’s life. I myself have made a fool out of myself. Court lady gives such long dates, she ignores my applications. How will i get rid of this unwanted marriage. Kindly suggest
Sir,
Please help me from a problem that I had married in 2010 with Special marriage act and later on did Hindu marriage rituals and in 2013 I got ex-party Divorce under Hindu marriage act 13A by miss filling of lawyer and component Court authority also passed the decree of x-party divorce under HMA. I therefore remarry again in 2014 and in 2016 ex-wife has filled case 494 against me. Now please help me whether my 2nd marriage will be void and null due to my lawyer’s mistake? if there may any judgment regarding my matter then please provide that. thanks.
Sorry we are not a legal expert. We request to ask your lawyer for explanation for your situation. Sorry we can’t help.
Hello Admin,
I have been loving a girl since 5 years. Now my parents are not agreeing to the marriage. So I said her they are not accepting and moved away from her. But she is not understanding that and constantly disturbing me by calls and messages. Few days before her parents and relatives violently threatened me and did register marriage for both of us without my parents’ consent. Can you help me on what grounds the marriage can be nullified? I don’t want to do anything against my parents. Kindly help.
Hi Kishore,
You said, “violently threatened me and did register marriage,” can you prove it in court?
Two adults can voluntarily register marriage and do not need approval from parents (but parents have rights to express concerns). There is no need that your parents have to approve this marriage, as far as you approved it. When you signed on registration application and waited for notification waiting period, was this by your wish?
From your heart, tell us if you loved her? Sometimes, you have to convince your parents that this is your love and please approve it. Can you work on your parents? See if you can save this marriage. If not, a formal divorce process is the way to go.
Thank you admin for guiding me to the right way. You are doing great work. Please keep it up. May God bless you.
Hi admin,
Me and my girlfriend are hindu. Her parents get her married without her will as per Hindu Riti (with force on her), About 20 days ago. They did not register marriage on court. Now we both wanna get married without doing divorce.. Can we both change religion say christian and get married without giving divorce. Please help me.. We both are in deep love n can’t live without each other.
We understand your pain. Parents should not force their belief and practices on their child. However, we are glad you thought about laws.
She is married and, repeating, she is married. Even parents may not have registered their marriage does not mean she is not married today. There are millions of people got married but have not registered, does not mean they are not married. Parents could prove in court with many witnesses that she had a wedding and is married.
Hindus, Jains, Sikhs, Christians, Buddhists and atheists are not allowed polygamy (more than one marriage), it is only allowed up to 4 wives for a Muslim men (not women) in India. Even you convert to Islam today, you cannot marry to already married Hindu woman. Unfortunately, she must get divorce to marry you.
Thank you admin for your valuable suggestion. Now as per law, can you please tell me any method by which she get divorce as early as possible. If she change her religion and raise a divorce file, how much time it will take.
You will have to contact a divorce attorney to initiate paper work. The judge will ask certain waiting period for the current marriage to work out. After that, the Judge will grant her the divorce. Please go to a local marriage department office and they may explain you the process in detail. Her new religion has little to do with this divorce process.
Hi admin
Sir how to divorce a newly registration marriage ( I marry her 2 day before)
Plz sand valuable ans. It is helpful for me
Did you married out of force? Is there any reconciliation possible? Was it interfaith marriage?
Unfortunately, it is easy to get married but divorces are difficult and expensive. You may have to get help from a lawyer. You will have to file for divorce with your local governmental authority. There will be certain waiting period. The process will be fast if your “wife” also agree for it. If not, the judge will decide.
I want to marry a man who already married n have wife but she is not living with him so how can i proceed to marry by special marriageact plzz reply me my no is xxx
Sorry, this is not a matrimonial site and can’t help you. You are a Muslim, why do you want an unIslamic act of marrying by a secular marriage? Why do you not want a Nikaah?
My friend was married to a hindu guy in 2014 Under the special marriage Act..she is also a hindu girl..they never lived together…they are even not in touch with each other..no sexual relations were made..they even lost both of the marriage certificate…now my friend wanted to get married..is she need a divorce?
Yes, a big YES. When you registered your married by the Special Marriage Act 1954, it is in government document that these two couple are married. As per Indian laws, non-Muslims cannot have polygamy (multiple marriages). It is must to have these two parties officially terminate their marriage (divorce) and then only marry someone else. If you don’t follow laws, you could get in deep trouble later in life. Best wishes.
But the boy will not claim for their marriage and he had no proovs as well…if no one complains then can there be any problems?
Hi
I am currently living in UK under ‘indefinite level to remain’ visa. I got married a year last March in India to a Hindu woman, I am a Hindu man. Dowry was taken out also. I want to get a divorced as am not happy in the marriage. She still lives in India and I live in UK. My family, plus she and her family do not consent to this divorce. My wish would be to one day live perminantly in the UK. How do I get a divorce? Please help? Can I file for a divorce in Uk or even in India? Is this even possible? Because of the dowry?
Any help would be greatly appreciated. Thank you.
In an ideal world, one would say try to make out this marriage. It is not fair to the other side and will ruin a life of an innocent girl. Try your best to make out the marriage.
Now to your question, your marriage is registered in India and in Indian government books. The UK does not know it. However, if ever, you file any official papers to UK government, you must be truthful for your marriage (any where in the world). If not, UK government could revoke your application and fruits of it even after 30 years because your application was inaccurate. Bottomline, it is good to clear out your marriage/divorce status sooner than later.
Since your marriage record is in India, you have to deal with Indian marriage bureau or Indian Embassy. Contact Indian embassy in UK if they allows you to file divorce in UK. Best is to contact an attorney expert in this case. Best wishes.
i required all information about Hindu marge act and penal provigen .
https://en.wikipedia.org/wiki/The_Hindu_Marriage_Act,_1955
Hii sir,
I have married a muslim girl as I am a christian and it’s 1year, from the time of marriage we are not staying together as I want to stay with her but she doesn’t want to stay bcoz of her parents are denying and they are planning of divorce, I want to know the terms and conditions as well as the procedure that how this divorce will be possible or impossible…. Plz reply my concern ASAP
Reply at https://www.interfaithshaadi.org/?p=11184
Both husband and wife are Hindu and belongs to same caste. Marriage was registered under the special marriage act and on same day marriage was also solemnized as per Hindu vedic rituals. Now they want to file divorce petition by mutual consent. Now issue is should I file divorce petition under section 28 of Special marriage act or Under section 13b of Hindu marriage act.
In India, generally, the first marriage counts. However, if you have not registered your Hindu wedding with any agency, then there is no question of asking to correct it for the divorce. You always want to make sure to clarify that any other marriage for this couple will also considered null and void.
Are you the couple or an attorney? Note we are not a legal expert but guide based on common senses. So take this advise ‘with a grain of salt.’
My name is payal i m in a relation with a boy and he is a married, i m a single, he has also a child i wants to marry with him without divorce if any type of query or better suggestion please contact immediately on my mail id
Payal,
We assume you both are Hindus and living in India. Polygamy is not permitted in India for non-Muslims and thus one man can legally married to only one woman. You must wait till he gets a formal divorce from his wife.
Now think of an ethical issue, think of his wife. How would you feel if one day (him as) your husband find a third beautiful girl in neighborhood and wishes to kick you out and marry a third girl? Will it give you joy that he is having good sex life at the expense of different women? Is it not time to teach him to be respectful to his wife and children?
Now think of practical issue. We understand you are in love, but love is blind. First, legally you cannot marry him. If he wants divorce, it will take 2-3 years. Further he will have to pay handsomely for child support. This man will be so poor when he marries you that he will not be able to provide basic needs of your planned married life. On top, your parents, his parents and the society will make your life hell. Even after putting up with all these, you will find later that your husband is not 100% committed to you (a new wife) because he still has soft corner left for his child and divorced wife.
We believe there are tons of issues waiting for you. You decide what is right for you. Best wishes.
No, there is no other option. Polygamy is prohibited in India for non-Muslims.
I got married and have a child I am a Hindu I would like to marry another lady legally.is there any law or rule to marry another girl without divorcing first wife Help me with good reply
i m a hindu,I have got married 5 years back with Muslim girls under special marriage act. And now my wife want to change her Name As our hindhu culture.
what is formality to chenge hit name in all her records ….?
Reply at https://www.interfaithshaadi.org/?p=11004
So after 5 years of constant brainwashing, finally she is ready to leave all her muslim identity behind, probably love started saying i will respect yours and you will mine, but after marriage i started bullying her how islam is all bad, evil, against female and hinduism is liberal,women friendly etc and thus finally she gave up as she was alone and couldn`t defend her religion/culture.
Good going btw……..
Its not a matter of brainwashing. no need 5 years to wash her brain n my daughter name is belongs to muslim. See she need to change her name as her own wish
https://www.interfaithshaadi.org/?p=11004
Hi,
This post is very useful for every one. A lots of thanks for sharing this post.
Regrads,
Sneha Meena
http://chadhalawyers.co.in/courtmarriage.php
Christian lady :Also pls help i do not want to convert into a hindu , is there any special act or law that i need to proceed or just i can fill the form and do the formality
When you marry by the Special Marriage Act, there is no need for any one to convert. Make sure the boy is in full agreement to it. If you are going to live with his parents after marriage, then you should talk to them about your plan. Let us know what else we can tell you?
catholic lady divorce want to re-marry hindu boy in the court
Yes Tine. Two adults, male and female, single and at appropriate ages can marry by the special marriage act.
Sir ,
My name is nitin sharma i m in a relation with a girl and she is a married woman i m a single guy she have also a child i want to marry her without divorce if any type of query or better suggestion please contact immediately on my mail id
India does not allow polygamy except to Muslim guys. You both are Hindus thus you cannot marry to a married lady, sorry!
Hello admin,
polyandry marriage is strictly prohibited in islam, where one women marries more than one men
Hi, I’m Jenny I’m 22 yrs old and I’m a Christian. I have been in a relationship with a Muslim guy and we wanted to get married.
What should we do if our parents doesn’t accept us? Please help!
How are you going to get married? .. in your church, by Islamic Nikaah or by the Special Marriage Act 1954?
Are you ready to be a Muslim and raise Muslim children? There is no way he will allow you to teach your children that Jesus is a Son of Allah, are you okay with it?
Hi admin.
Iam Hindu girl and,I got special marriage act 1954 with Muslim guy who allrady married with the same religion girl. Now iam not at all intrest to stay with my husband as 2nd wife my parance planning to get my marriage with hindu boy i can get another marraige? please help!!
Find your reply at
https://www.interfaithshaadi.org/?p=10901
hi wanted to know can a muslim man who is already married to a muslim women ,marry again and his second wife being a hindu.Is it allowed and if he has to have second marriage what are the formalities since the second wife is hindu.
Reply at https://www.interfaithshaadi.org/?p=10868
Sorry sister..
Its not allowed in islam to marry with a non muslim..
Allah clearly says in the Quran
In surah baqrah chapter 2 v 221
” And do not marry polytheistic women
until they believe. And a believing slave woman is better than a polytheist, even though she might please you. And do not marry polytheistic men [to your women]
until they believe. And a believing slave is better than a polytheist, even though he might please you. Those invite [you] to the Fire, but Allah invites to Paradise and to forgiveness, by His permission. And He makes clear His verses to the
people that perhaps they may remember. ”
Polygamy is allowed in Islam but being u a hindu its not permissible to marry a muslim boy in islam.
Thank you mohammed for your response,What if the Hindu girl converts to islam then is it allowed for him to do second marriage with her.And is it allowed to do register marriage.
Most welcome sistr,
It is permissible in islam to marry second time for the men,
Allah says in the Quran in surah nisa chapter 4 v 3
” And if you fear that you will not deal justly with the orphan girls, then marry those that please you of [other] women, two or three or four. But if you fear that
you will not be just, then [marry only] one or those your right hand possesses. That is more suitable that you may not incline [to injustice]. ”
islam permits marry upto 4 times for men, but should give justice to four of equally.weather it will be love, money or any thing but should be justice. . if he thinks that he will fail to give justice then should marry only one..
and sister. . my suggestion is dont fake convert to islam or only for marrying purpose its not permissible in islam.. If you really want to enter the true deen(faith) , study and learn islam before converting its better for you.
Brother I seek your advice as I am very upset and confused.The man I love is muslim as we have been in relation for 5 yrs he wanted to marry me n I was ready 2 convert to islam and ajust,his family didn’t approve and he married the girl they looked for him,for his families’ happiness he got married yet he still has love and affection for me and we are still in relation.i gave up everything for him I didn’t get married to any1 neither am I planning to,he promised he will never leave me and still care for me and he is my big support.his wife stays in india and we work 2gthr so our communication is almost everyday.we understand each other so much and he is happy with me. ofcourse he gives full respect to his wife but he has love for me and shares everything with me than her.he said he is very happy when he is with me as we support each other and in his difficult time I m always thr .at the moment his parents are happy he takes care of every1 makes sure thr is peace at home.and he manages well.
but my life is hanging on to something vr I have not progressed anyvr,
he does want to marry me but it is difficult cause when thy hv not accepted me b4 why will they accept me now his brothers had also tired to convince his parents but they didn’t agree b4 only cause I am hindu.i understand parents are imp but what about girls like us who give up everything for them we have family as well yet we sacrifice a lot for men.am in a situation vr I cant move on with some1 else and I deeply love him I never have greed for money,or I dnt want to marry him for my advantage or sm benift.i nvr asked him anything all I asked was to get married. I am ready to be his second wife despite all odds.but I feel he will not as he dsnt want to hurt his family.but I stand no vr I feel helpless.its easy to say move on find sm1 else but at the stage I am its not easy.
Reply at https://www.interfaithshaadi.org/?p=10868
Am I wrong in this matter to love a man who is married Or his he wrong.
dear sister,
we respect ur situation, I understand about your situation, but i only give suggestion only on the based on islam because you are in love with muslim boy.. thats why i told you before converting to islam. learn and understand islam because its your future..Masha Allah , Allah wants to give hiday in the way of true path i.e.. islam besides ur false religion but please dont fake convert it will give problem to your future because Islam doesnot permits for fake conversion
and by the way as i above mentioned that if you want to become second wife he wants to give justice to you as well as his first wife equally.. and marriage will be valid through nikah as per islam
Reply at https://www.interfaithshaadi.org/?p=10868
Thank you for your advice.
Its my pleasure sister..
still if you didnt convience my answer. tell me In Sha Allah , I help you as much as possible . if you have any other question you are most welcome to ask
Thank you for your advice.Its made me more clear on how things can be done.yes I will always seek your advice if i ever have doubts.
In Sha Allah I wish soon I marry him which I feel may not happen but hope is thr cause I belive. we still are 2gthr having the same lv n support 4 each othr If Allah made us meet thn thr has to b some reason.
I pray all goes well
May Allah bless you sister and full fill your wishes
wanted to know if I have to convert to Islam what are the formalities
I stay in Dubai so is it different……
Becoming a Muslim is a simple and easy process. All that a person has to do is to say a sentence called the Testimony of Faith (Shahada), which is pronounced as:
” Ash-hadu an laa ilaaha illaallaah,wa ash-hadu anna Muhammadan-ar-rasool ullaah ” (In Arabic)
“I bear witness that there is no God worthy to be worshiped but Allah, and I bear witness that Muhammad is the Messenger of Allah.”
Pronouncing the testimony of faith is sufficient to make one a convert to Muslim
Once a person says the Testimony of Faith (Shahada) with conviction and understanding its meaning, then he/she has become a Muslim.
The first part, “There is no true deity but God,” means that none has the right to be worshipped but God alone, and that God has neither partner nor son.
The second part means that Muhammad was a true Prophet sent by God to humankind.
To be a Muslim, one should also:
– Believe that the Holy Quran is the
literal word of God, revealed by Him.
– Believe that the Judgment Day
(Resurrection Day) is true and will
come.
– Believe in the prophets that God
sent and the books He revealed, and
in His angels.
– Accept Islam as his/her religion.
– Not worship anything nor anyone
except God.
note : No one should force/giving pressure for you to convert in islam
Go to the near mosque and testify or if you have your any muslim friends testify it near to them for creating the evidence
Thank u for the information Mohammed.
Rita,
At first, I just thought of ignoring your idiocy but you’re being completely deceived by everyone you trust that I’ve been forced to reply!
The only party in this clumsy matter who have helped you is the rogue’s parents‐ by rejecting you!
You started dating him believing that it would end in marriage and as per today’s modern girls’ ways, must have developed physical relationship with him. When his parents rejected and he married another girl, the very same day you should have moved away from this criminal and started a new life. But given your innocence/ idiocy and his vicious nature, the relationship continued…
You’re an educated and earning woman and if you don’t have self‐respect what’s the use of education and career? This fellow has been thoroughly manipulating you physically, psychologically and even financially and you’ve become a pawn in the crook’s hands.
You want to enter into second marriage with him which is absolutely permissible in Islam and here you’re beginning the journey with your trusted brother, Mohammed.
I think it’s written in your fate to trust charlatans as trusted mates!
What your new‐found trusted brother will not tell you is that the rogue who has been cheating you for years can trap another girl and marry her too and that will also be legal! He can marry four and you’ll end up as one of his doormats!
The scoundrel who has completely destroyed your life, what’s the guarantee that he would not entice some other girl and add on to the list?
There are thousands of women in this world who’ve divorced after having children, remarried and lead a happy life. So, when you’re not even married, what’s the harm in moving away from this fraudster and find a new, good‐hearted man?
Resign the job, move out of Dubai, start a new life ‐ you may find a suitable partner or if you don’t want, remain single; by opting to marry him, you’re pushing yourself into the hellfire!
Read this eye-opener to understand how lovers can end up as monsters!
http://indianexpress.com/article/india/india-news-india/techie-arrested-for-confining-sexually-assaulting-ex-colleague/
This is my suggestion, its your life‐ your decision will make or mar!
Reply at https://www.interfaithshaadi.org/?p=10868
Hi Momeen,i agree with u infact I thgt abt ths b4,u have written to me I appreciate it.i knw am dreaming smthng tht will nvr happn but wht to do.i was feeling so frustrated.but every girls situation is diffrnt..im nt muslim I hv no problem against any religion I respect all.i just wanted to knw few things that’s n clear my doubts.thank u for ur advice.i was looking at diffrnt views..in the end its me who has 2 move on .I hv faced a lot.so was confused n lost.
I hv faith in God I worship.i personally dnt believe in changing religion but wanted to knw hw things wrk out.
Reply only at https://www.interfaithshaadi.org/?p=10868
Its my pleasure sister., I really get happy when i help peoples especially for the couples
May Allah bless you and wish ur success in both this world as well as in hereafter
My name is Rajender kumar, age of 45 years living separate from hindu wife and giving monthly maintanance by court order but not divorced. Now I accept islaam last year and want to marry with a muslim girl. Please tell me that This marriage is legal or illegal at present as per indian panel court and muslim personal law.
It may be okay as per Muslim laws but it would be wise to wait for a full clearance of your divorce before getting into another marriage as per general Indian laws. Actor Dharmendar/Hema Malini fake-convert to Islam to get married but these rich people could get away with loop holes. Contact attorney for guidance.
Dear Rajendar Kumar, are you serious convert to islam or you just fake converted to islam, if you convert to islam, then hindu marriage act will not apply on you
So you want to convert JUST TO AVOID PAYING ALIMONY? And you are STILL IN THE MARRIAGE?ASnd you call yourself a MAN? great. You don’t want to follow the law of the land & religion of yOUR BIRTH.Then you convert into a reigion that is totally AGAINST WOMEN. And yoyu are asking for thr LEHGAL WAYS to avoid your RESPONSIBILITY. you relly need to find a lawyer.
Mac
Non Muslims are reverted to Islam not converted.
Hello Admin,
Post divorce what are the necessary actions to be taken if the marriage was registered. And also kindly let me know the actions to be taken in order to remove my name from the register with the judgement copy. Thanks
Once the divorce is final, you are free to do what so ever unless it is stipulated in your divorce agreement. Marriage and divorce and permanent records, we don’t think it can be erased.
Hi Sir,
Meri shadiko 7 sal ho gaye hai..1 baccha bhi hai…par mai ab pati k sath rahna nahi chahti….uska kisi our ladkiyo se chatting muje pasand nahi aya…bilkul care nahi hai mere liy…na pyar hai…mai divorce lena chahti hu 4/5 sal se par family ki vajah se darti hu…wo bahot purane khayalat k hai…muje majbur karenge pati k sath rahne k liy…plz give me advice… I m not happy with him
Sweety,
This is sad. Please talk to some local respectable adult or marriage counselor to help you out. If necessary, warn him that you will consider divorce and see if that wakes him up. If not, contact a lawyer for divorce proceedings. How are you planning to manage your and baby’s life after divorce?
Hi,
Serious issue..
I’m in relationship with a married girl. Her parents forced her to get married in early age, that time I was unable to take a decision because I was in my young age. Now we both want get married. We are still in contact since she get married with someone. What could be happen in this case? I would appreciate if you give me good suggestions. and yes she wants a divorce, if what her husband is not willing to divorce her. What we can do for getting divorce. Is it possible for us that we can stay together, because she doesn’t want to live with him. We both want to get marry. Please give genuine advice.
If you are non-Muslim, then in most countries, you (and your gf) could marry only one person at a time.She does not have to stayed married for what ever reason, but she has to get a formal divorce from her current marriage. Contact an attorney.
hi admin,i already divorced my ex wife,its already 3 month …waiting for my status to be change…is it posible i can re-married again? or how to get the status letter fast? the lawyer ask me to wait for 1 month and few weeks.
thanks
Your lawyer knows your situation best, trust him.
You could always get married but if someone challenges you, you could get in legal trouble. You will also have to register your new marriage and give a date of marriage and the former divorce date. For these reasons, it is wise to follow laws.
Dear sir
I married my gf 10/6/2013
But we are leaving separate. Bt we met every week 2or three days in my room. And she clear my two baby’s. Now she need divorce because she got affairs another boy. Bt I can’t divorce her. In her affairs Metter I showting her. And she is advocate. That she need divorce. But I can’t divorce her. I have proof our physical relationship. And I have also proof his affairs. She can use any legal action with me. She can’t need me but I need her. What can I do. I can tolled his parents our relationship. And request to formally got marriage proposal. What can I do. Our marriage is special marriage act.
If you don’t want to give her divorce, then you don’t cooperate her with legal divorce matters. This way you could delay the divorce. However, if she is committed for divorce, ultimately she could get it. For this reason, please try to be nice with her and fulfill her needs and she may decide to stay with you. Good luck!
Hi i am pilipina i want to marry to indian boy in india it is possible to marry even i married before in philippines???i get my certificate of no merrage in NSO.this certificate is consider to marry again?plsss i need your advice thanksss
We do not know specific details about practice in Philippine but if you get legal proof that you are divorced (not married) that should be sufficient. Are you both from the same faith?
hello sir my name is lokesh meena
sir meri.age 19year old and meri gf ki age 21 hai to kya sir humhari abhi shaadi ho sakti hai kya kyo ki us ladki ke ghar wale us ki shaadi kisi or se kr rhe jo bhi jabrdasi plz sir kuch to kro
Hi Lokesh,
Read above “5. the male has completed age of twenty one years and female the age of eighteen years;” for the Special Marriage Act 1954. If parents agree, then you could marry now.
If it is jabarjasti, then the girl could call police and have parents arrested. If she is not ready to do that, then there is not much you could do.
Is she from the same religion as yours?
Hello sir
I am ankit kumar 21 years old I love a girl & she also loves me and both want to marry, but she is already married what is the process from which we can do marry.plz reply
What could if a wife doing a traditional marriage with second husnand and whom she had court marriage with the ex husband before but found still not divorced legally. How can a second husband take an action towards this matter legally?
First let us understand the issue. First, we assume you are talking about non-Muslim couples because Islamic traditional marriage has different sets of laws in India. So a lady married to the first husband and applied for divorce. Before the divorce is finalized, the lady is planning to marry a second person.
Non-Muslims can only marry to one person (at a time) and polygamy (more than one marriages) is not allowed. Ideally, you should wait to re-marry till your first marriage is completely terminated. If this is not done and if someone request police to take action, police could stop that new marriage. If no one raises a question, then there is no issue. You are already in process of divorce thus it is not a big crime considering to marry again, however wait to complete the divorce.
Hello sir….
My name is MAYANK
1 question sir..
My b.date is 9 /6 june/ 1995
And My gf age is 21year old.
Me and my gf HINDU…court marriage possible? ??
My age 20 years 5 months 18 days..means 21 year running. .Court marriage possible? ? Only say yes or no plzz
Read details above and also check cross references;
5. the male has completed age of twenty one years and female the age of eighteen years; … you will have to wait a few months.
Hello sir,
i am in alove with a girl who belongs to very rigid hindu community..i am also a hindu guy..after knowing about our relationship her parents forced her to marry some other guy of their community…she is not even age of 18… I am 22 years old..
Problem is she is married now..
My question is if she want to take divorce then wat is the procedure..
N wat if her husband doesnot want to give divorce
If she had guts, she would not have married to that guy anyways. The divorce is a lengthy process so are you willing to wait ~2 years for her to get divorce and marry you?
Dear Sir,
I was married with Indian girl with concern of parents. it means that arranged marriage. After marriage, I found that my wife has made relationship with ex boy friend before marriage and also keep in touch through phone with him. our marriage is already registered as per Hindu Marriage act. I would like to give a divorce to her so that I can manage my future life smoothly. Please advise.
Thanks
Raj,
The divorce is not going to be that easy, it may take lots of time and money.
Other than that issue, is the girl is good in other respects? May be it is your misconception that she is in love with someone. May be she is just in touch with someone as a pure friend, nothing more. Can you talk to her directly to clarify (do it without hurting hurting her or blaming her). May be give her lots of love and caring and she will turn around. Trust yourself that you are going to undo her love for other guy and install brand new love in her heart. Try, can you?
Dear sir,
As you requested to know abt other matter… The information re circulated by ex boyfriends wife .. After circulate information, the ex boyfriend has died himslef. My wife didn’t respect to my parents as well as never listen them …. She has also suffered from medical problem… The facts was never explained by my wife. We are straying seprately for lat 10 months… Please advise on divorce procedure as per Hindu marriage act… Coz I have all supporting documents with me.
Thanks
Divorce is lots easy if both party are in agreement. So ask your wife if she wishes a divorce and let her feel you are fulfilling her request. Contact marriage bureau in your town or best contact a divorce lawyer/attorney.
I am a muslim man age of 50. i am a widower, working in gulf,i know one family last 6 yrs and the family friend expired and his wife is widow with cjild age is 2. Now i want to marry a christian widow ( Husband Expired ) age of 41 and she have one boy age 9.I am only takecare of them and the boy very affectionate me and will not leave me also. if i marry what marriage is applied ( Special marriage Act / Muslim marriage Act) If i convert the widow to muslim then what about the son status ( now Christian) and what about the Gurdianship. if the Boy relatives come and ask the guardianship? pls advice me sir
Reply at https://www.interfaithshaadi.org/?p=10750
Hello my name is Mohammed I wanted to know few things that is
One of my friend was in relationship with a guy (both Muslims) for 5 years then due to family pressure and torture from parents she has married some other guy forcefully she doesn’t like him at all now girl wants divorce from husband so that she can marry her love now pls suggest me divorce procedure we are in need of it (note : marriage happened in November 2015) please reply as soon as possible.
Mohammed,
Sorry, life is not that easy as you think. We feel she is stuck with that guy for a while. Yes, she can get divorce from her husband but that process is lots difficult for a Muslim wife (compared to Muslim husband). Read above for link provided for “Section 2 in the Dissolution of Muslim Marriages Act, 1939: Grounds for decree for dissolution of marriage.—A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage”.
First, no one in her family is going to support her financially and morally to fight that divorce battle. Lets assume after sending lots of money and 1-2 years of lengthy legal battle, now she is free. However, is the boy going to marry this divorcee? Will the lover’s parents support him to marry this divorcee? She should talk to the lover boy’s parents if they are willing to accept her after divorce.
If she has guts to fight all these divorce battle and ready to upset her family, why did she married this month anyways? We wish she was brave and declined this marriage. If parents could force her to marry, she could also force her not to take divorce. So, remind her with all these realities of life. Best wishes.
Yes the boy is ready to marry that girl after divorce even guys family have accepted just because they were together for 7 years and guys family has supported them in every step that is not a probkem , now wat step should be taken legally to get rid of this, is Muslim law for mmarriage male dominated what could be done in this stage please suggest.
Muslim laws are male dominated simply saying tackle, talk, talaak is enough to get rid of the wife. However, unfortunately, it is lot harder for Muslim wife. Please read http://indiankanoon.org/doc/209038/ What will be her ground asking for divorce? Ask the boy to contact a marriage/divorce attorney.
Really appreciate your fast reply, the grounds will be mainly because she isn’t happy with him and today she has got proof of her husband making some club membership with his grilfriend for five years maybe that will come of some use
As salamu alaikum bro,
I want to say some thing to you that, In Islam forcefull act is haram(prohibited), That too if some one marries forcefully that marriage becomes null means this marriage wont be acceptable according to the islamic law
Allah says in the Quran in surah nisa chapter 4 v 19
” O you who have believed, it is not
lawful for you to inherit women by compulsion. And do not make difficulties for them in order to take [back] part of what you gave them unless they commit a clear immorality. And live with them in kindness. For if you dislike them -perhaps you dislike a thing and Allah makes therein much good.”
Now the point is the girl already married with some one forcefull,
Now the Question will raise
Can the woman divorce herself from
a forced marriage upon her?
As we’ve seen above, it is clearly forbidden in Islam to force women into marriage. But in case this ever should happen or have happened already to any woman, then Islam allows for her to divorce herself from the man she was forced to marry.
Let us read the following:
Narrated Abdullah ibn Abbas:
“A virgin came to the Prophet (peace_
be_upon_him) and mentioned that her father had married her against her will, so the Prophet (peace be upon him) allowed her to exercise her choice. (Translation of Sunan Abu-Dawud, Marriage (Kitab Al-Nikah), Book 11, Number 2091) ”
The choice that our beloved Prophet Muhammad peace be upon him gave to the woman is she can either remain married to the man, or divorce herself from him.
Note : For Readers, Iam a different mohammed than the above name, dont confuse that iam replying to my self thats why iam declared as name with num2 only for the above post, in other cases i will comment with my name without specifying any number
sir,I’m a Muslim girl and I love a muslim person who was forcefully married to a girl by his family a week ago.now he wants to get separated/divorced from dat girl and marry me,but he is afraid if d girl playing clever and sends him and his family to jail with false allegation, so how should he take divorce from her without going to jail and without giving any maintanence n marry me easily plz tell me all d ways in which he may get an easy divorce without loosing his job and getting his family and himself out of trouble…plz rply asap
Raffemma,
As much as you may wish, it will be difficult to get a divorce. Him being a Muslim, it is little easy because he could talaak, talaak and talaak, and that marriage will be null and void. Yes, her family will try to get most money out of him and also will try to put him in all trouble they could. That is something he has to be ready for.
Now questions are –
1) if he wanted to marry you, why he married someone else? If he had no guts to speak out then, why you think he will have guts now?
2) After (lets assume) your marriage to him, where will you live? With his parents? Did you ask them?
3) Considering you are Muslims, did you considered an option of polygamy (allowed legally)?
I m a sikh boy..married few months back..to a sikh grl in gurudwara by anandkaraj..this ws a arranged marriage ..under parents pressure I had to marry her..when all my efforts failed to convince my parents abt a sikh girl whom I love…
I have told abt my love to this lady whom I dont evn want to call my wife..still she is not ready to leave me..I want to marry my love only..is there some way out..can I do a court marriage..this marriage is not registered..although my parents are still not in favour..have done many efforts after dis marriage also..the other party ws evn told abt my affair before marrying her still they didnt step back..pls tel some way out to marry my love
You are married legally, morally and ethically. Have no doubt about it. If you wish to terminate your marriage, you have to go through a formal divorce proceeding. Sorry, there is no way around it.
Remember, it is not the fault of your wife for all these but YOU are to be blamed. You are an adult and you should have spoke up loud and clear about your wishes BEFORE marriage. So don’t dump your issues on your wife. Treat her well.
It is possible that your dream girl friend (and her parents) may not want to marry you at this point. Go ask her and her parents. This way your doubts will be clear.
Don’t make a mess out of your life. Take a deep breath. Done is done and now learn to live with this marriage. Who knows your wife may not be bad. Who knows, in 2050, you may feel that this was the best decision you made.
Sir..thnq for ur response bt I wana say smethng..my so called wife & her parents were informed well in time..my badluck is evn my parents rejected my love without listening a singlw word about her ..dekhna to bhur door ki baat ae..then I tried & did so many efforts to cancel this marriage..told my would be in laws that time..bt to my bad fortune since my parents were not on my side ..so evn they didnt pay heed to it..& didnt step back to give their daughter to me..now whose fault is dat..I hvnt talked to her evn once since the day she has come to my home ..wht all I hv talked to her is to leave me..bt parents are happy with her..she has evry1s support jst bcoz she is morally ethically married to me..bt me & my love are suffering evry second cursing dat moment..my girlfrnds family I knw wud not be ready..bt there must be some solution to it..wht is my grlfrnds fault..or mine in all dis..:( pls help..when my wife is not ready to give me divorce bcz she has evry1s support..how can I proceed legally..pls tel:(
We understand it is mess. It is pain that every one are suffering; you, your girl friend and equally you wife. However, you have to understand Indian laws. You like to hear or not, legally you are a married person. If you wish to marry someone else, now you have to first get a formal divorce. The divorce process is lengthy. If you marry to someone else without a formal divorce, you will be arrested for polygamy. Explain all these to your girl friend and ask if she is willing to wait for next 2-3 years to marry you? If you wish, you may talk to an attorney/lawyer for help.
thnqq sir ???????? its tough..Bt I want to keep the hope up..
I am Muslim girl i have done court marriage before 5 months my parents tell me for divorce but I don’t want divorce I want living with my husband but my parents tourcher me what can I do
Reply at https://www.interfaithshaadi.org/?p=10648
Dear sister Mehwish, court marriage is not allowed in Islam, for your marriage to accepted in front of Allah, you have to do technical nikah not court marriage or signing, and if you think being muslim is not a necessary thing, if you think you are namesake muslim and non-Muslim by heart, then do what ever you like.
Sir I am Hindu boy I marry with the Hindu girl we don’t live each other lot of misunderstanding between us daily she fighting for unnecessary things we decided to separate We did our marriage under caste refusing marriage how can we get seperate and if I marry another girl and during registering will any problems rise pls help me sir
Sridhar, we are not sure what you mean by “We did our marriage under caste refusing marriage”. Did you registered your marriage with any government agencies? Go to a marriage bureau and start formal divorce proceedings (read). Consult an attorney if you need help. Do not plan to marry another girl till you formally separate from this marriage.
Sir.i m muslim male age 32 married with hindu girl in 2008 under section 13.now we have not good relationship always blamming each other with another.full of insecureness.we have no respect and belive towards each other.frankly speaking we both were flirt with girl and boys some days ago.we tried to resolve our issue but it gone worst.we both want to divorce by there mutual consent.what should we do.is there any compensation after divorce i have to give her.plz help us.eagerly waiting for you response. Kindly mail us.
Reply at https://www.interfaithshaadi.org/?p=10634
I married to a hindu boy without telling our parents in 2008 but he died after 2 months in a accident. I want to know can i remarry? Will there be any problem?
ofcourse, you can re-marry as per indian law under remarriage act 1856.
First, sorry to hear passing your bf/husband.
Did you registered your marriage to government? Atlernatively, was it just between him and you? If it is later, there is not much issue unless someone challenges you. If you did registered your marriage, government may ask for his death certificate to null that marriage.
You married to a guy who is no more today, for this reason, now legally you are free to marry any one. There is no question of nullifying your last marriage, because that marriage does not exist today. However when you file paper work for your new marriage, government may ask for your status, meaning single/married/divorced/widow, etc so be prepared to answer that.
Sir
I am hindu girl married muslim guy u net special marriage act and even through Nikha they forcefully covered me into muslin and changed my name.as sana Fathima.
But from day one they started torturing me n harrasment me like a non living thing treating me as non living thing even they are not providing food clothes to me but am a government teacher paying my salary to them…. my husband and my in laws always abused me and telling that u should leave my husband and go back to my mother or should die.
I became helpless my mother is widow she is very soft person don’t know anything
am in dilemma what to do this kind useless life o tried killing my self many times but it went unsuccessful…. plzzzzz give me some guidance and legal advice plzzzzz
thanks
sandhya
Reply at https://www.interfaithshaadi.org/?p=10627
Waah! Hindu women ki to chandi hi chandi hai, maayka me malai or sasural me v malai (50% on divorce, else 100% ).
Ref. Pt 2 of hindu marrage advantages
Poor thing to say that even though 95% of society survival depends on men, we are the most depraved of advantages. 2 hell wit the law. Muslim law is far better.
Delete msg if u want , but the truth is, i cant bear injustice. Where does riht to equality imply here.
Waah! Hindu women ki to chandi hi chandi hai, maayka me malai or sasural me v malai (50% on divorce, else 100% ).
Poor thing to say that even though 95% of society survival depends on men, we are the most depraved of advantages. 2 hell wit the law. Muslim law is far better.
Delete msg if u want , but the truth is, i cant bear injustice. Where does riht to equality imply here.
Sir, will you please advise me, under which act a Muslim male could file a suit or petition in a court, to get declaration that he already given Talak, thus both the wife and husband are at liberty to live as per their will and wish.
How did you give talaak? Was it just between you and your wife? Did you formally informed it to your parents and imam who performed your nikaah? What proof you have that you gave her talaak?
Did you got married by NIkaah and registered your marriage under the Muslim marriage act? If yes, go to the same office and ask them for paper work to formally file a divorce with proper documentation about your talaak.
If you married by the Special Marriage Act, 1954, then your talaak is not valid.
In special act marriage can muslim guy divorce hindu girl by saying 3 talak
The simple answer is “No”
Agree to Muhammed that talaak, talaak , talaak is reserved only for two Muslims marrying by Nikaah. Smart you did not fall in that trap.
I have given step by step process to give talak and talak wont be possible soon in the islam rather if possible only for must divorce suitation. .
I m hindu girl married to muslim boy through special act, , now we want to divorce, , what is procedure of divorce and what will be my property share from my partner
dear Kanta,
What is the issue with your husband? You married because he was a perfect man, now what is changed? Can you try to work out?
You did most wise thing is to not to convert to Islam and marry by the Nikaah. He would have already said talaak, talaak and talaak, and your are on road. Now with your Special Marriage Act, normal lengthy divorce proceeding will take place. Contact a divorce attorney for it. For properties, did he earned those money during your married life period? If yes, you could claim for half of it, even he earned it. Do you have children? Get back to us.
My date of birth is 1998/ 7 sep I completed my 17 yes now
Now can I marry with my bf
Plz tell me plz help
From above.. “the male has completed age of twenty one years and female the age of eighteen years.”
What is your religion and what is his?
sir there are so many laws in india but still as a girl i feel helpless my father is not protective in nature and never stand by in my difficulties i m 20 year old girl my family force me to marry
but i m not ready at this moment
manay paradha hai ki koi ladki yadi aapnay pasand say kay ladkay say shadi karti hai register bhi karwati hai incase ladki kay father ladkay par case kar day kidnapping or any other crime ka to kya usay case ho jayega
or yadi koi ladhi arranged marriage karay bina register kiye to divorce kaysay hoga
Read all laws above. If you are at appropriate ages, you could marry by the special marriage act 1954. If you are from the same faith, you could have marriage of your faith and register it that way (preferred). By law, parents can’t do nothing against you.
One question, what is his religion? And yours?
I am 33 years old Indian. I want to marry a Malaysian girl. Both of us are in love and agree to marry. She has no problem to stay with me in India after marriage.
Now will you please guide us about the constitution and marriage law?
If you ever want to stay in Malaysia, you will have to convert to Islam.
That is not the case in India. You could read all laws above.
I have registered my marriage in karnataka. That time we have registered our marriage due to unavoidable circumstances.now we want to register our marriage again in rajasthan as per our parent’s wish as recently we had traditional wedding .they are not aware that we got registered marriage in karnataka . My doubt is that if we go for registering our marriage in raj will they get to know that we are already married. we don’t want to let them know. is this information get stored on some national database which will get pop up once we go for registration . we don’t want to get them hurt. Kindly reply urgently.
Hi Abhishek,
When you file for second time marriage registration, the application will ask you long list of questions, including your prior marriages. You are suppose to disclose it honestly. If you lied, it could put you in legal trouble. However, considering this is not a major crime you are committing, they may not go after you. We do not know if their registration system is well computerized and will catch it when you file it second time. If you alter the name (some typo), it will make it more difficult to catch it. Are you both from the same faith?
i married to a dawoodi bohra guy he was already married he divorced me in 4 months i cant understand what to do please help me out with bohra rules and regulation about divorce. please
Reply at https://www.interfaithshaadi.org/?p=10538
I am a hindu guy 25yrs old. My gf is an uae national 18 yrs old. I was going through the various marriage laws of uae, but i don’t want to convert. Is it possible that she comes to india and marry me here. Is that option legally valid. Kindly help
If you don’t want to convert and still marry her, then going there ever is not an option. Is she willing to come to India and have marriage by the Special marriage act 1954? Will her parents support? Will your parents support? Best is to ask her to come to India on a student visa.
Hello sir my question is…. how to get court marriage I’m 22 years old nd my grlfrnd 20 running….but she don’t have any age proof how to get marriage plz sir we need ur help emergency… .
You are qualified to marry as per the Special Marriage Act 1954. Age proof could be school leaving certificate or other legal documents. Go talk to marriage department in your town/city for details. It is possible the court will make you wait a month and notify your parents.
Are you in an interfaith relationship? What would you do if both parents kick you out of their homes? Can you manage your married life financially? Can you give more details?
I did registry marriage with one guy three years back we didn’t stay together but within 6 months we filed divorce and got the divorce certificate … Now am in a relation with one boy and we decide tu get married ..I didn’t tell him bout d marriage and we wants tu du registry marriage wat will I du plzzz help
I have done court marriage 2 years back without knowing to ours parents and we doesn’t live together but now this kind of circumstances arises that we both want divorce in easy procees and without knowing to parents
Vickey,
So go for it. If parents did not find out the first time, probably they will not the second time. What is a second option you have? Is your current marriage an interfaith? Which two faiths?
Trisha,
Laws and sacraments of marriage are two different things.
As per law, once you are legally divorced, you could marry the next man. As per law, you do not have any obligation to inform him, nor he will ever find it out.
Marriage is a long lasting relations of trust and true respect for each other. Ideally it is good to be honest and disclose facts. What if he find it out after getting married? However, based on personal situations, you should make decision for you what ever is right for you.
Is the new guy from your own faith?
if any girl want to married against to their parents…..and her agr is 16 and hlf officially….. bt she said to police she only want to marriage only with that boy…..so what should her parenst do against her and her lover….please…rply
Ideally parents should educate the girl. Instead of fighting and arguing, parents should listen to her. If the parents use any kind of force against the girl or the boy, that may be against the law and could put them in trouble.
The girl should also realize that if that boy does not work out for what ever reason, she should NEVER think of returning to this parents for support. If she is looking for her legal rights, parents also have rights.
Are both from the same faith/religion?
I’m a divorce.I am in a relationship past 3years.We are Muslims . I want to marry that guys with my parents and his parents knowledge.He is married not divorce .We are working in Middle East .But different countries.we are planning go to marry in middl east .please suggest a way that how can we get married
If he is a married Muslim and your are also a Muslim women, polygamy is allowed in Islam and you could marry him. However we do not know specific requirement of different country for how you have to inform his first wife. Any imam could have your nikaah but the question is of legally and formally register your marriage. If you both are Indian, go register your marriage in Indian Embassy of one of countries there.
Thank u thank u very much
Thank u for information
My brother is 21 years old and girl which he wants to marry is 28 years old..she is married but has not took divorce with her ex-husbund still she has complited all formelaty of cort and ther got date for marry…hows that posibel can she do like that…we r againest this marry pl advice
please elobrate the detail sister.. which religion your brother and that girl belongs to and whats the background bla bla bla…then only we can help you more
21 could marry to 28, as far as no one is following polygamy (marrying to two at a time; unless Muslim). They could marry only after she has formal divorce from her first marriage. Sorry, both are adults and nothing you could do legally for them being 21/28.
I am married according to christian marrage act,wife left, she said no to conjugal rights, what can i do? Pls suggest
She is your wife, not your toy! The “conjugal rights” is a two way street. If it is not okay with one, then the deal is over. You could get arrested if you “force” on her.
You could ask for divorce based on this point and get remarried.
Is she also a Christian? or a non-Christian before marriage?
my b.date is 9 june 1995
20 years 2 months..
20 year complated..21 running ..
court marriage possible??
im hindu..
girl age 21 year
emergency plz
The law reads “the male has completed age of twenty one years and female the age of eighteen years”. Not relevant for laws, but is she non-Hindu?
Is there any possible to register marriage having men has 20 age and women has 22 age?
The law reads “the male has completed age of twenty one years and female the age of eighteen years”, but does not say who should be older. Answer is … male 20 and female 22 is okay.
Is he from the same faith?
Iam a divorce.now iam in a relationship past 3 years.i want to marry that guy without my parents and his parents knowledge because we can reveal this only after 1 year.so we cant go to any panchayth for registration because we both are from same place and in panchayath both our dad are welknown.if we do court marraige does the paper wil go to our panchayath sus registrar office.or please suggest a way that how can we get married.iam a muslim divorcee and i got talak from my ex husband and my boyfriend is a bachelor.
Is he non-Muslim? You are already a divorcee, why your parents will not try to make you happy?
The Special Marriage Act 1954 will make a public announcement. Check with local office what their announcement practice is. Even your parents are against your marriage, you could still override their wishes and marry as you wish. One or the other day, they will know it. So why to worry? Best wishes.
Attain address proof of different city, get marriage registered there.
I am married with hindu girl
But now i want divorse
But girl not ready to given divorse
Court had decided to me given her a podgi like monthly money
At this condition i take risk for second marrage
Then what happen?
Which case file to against me by girl
What is total effect
Hi,
I am hindu and was married in india to a christian female under the special Marriage act in 1999, we are divorced in November 2014 in UAE. we have 2 kids a daughter and son.
do i have to go to any place in india to submit the divorce certificate or cancel our marriage? can my x-wife go to india and file a fresh divorce case against me? how much alimony can she claim? how much am i bound to pay? within what period can she file a case against me in india after the divorce.
what happens if i marry a new person?
Santosh,
You are married in India and currently Indian government record shows you are a married person. For this reason, you have to clear that record if you are planning to go to India any time.
Explain us your divorce in UAE. Did you hire a lawyer/attorney? Where did you filed the case, in UAE marriage bureau or with Indian embassy? If you filed with Indian Embassy, it is equivalent of filing in India. Did she willingly signed that divorce papers without pressure (and can you prove it in India, if you have to)?
As per UAE’s and Indian laws for non-Muslims, bigamy is illegal, unless you could prove your prior divorce.
As per almost any country’s laws, you are (and should be) financially responsible for your own children till their are at an adult age, unless you two agreed for no payment as a part of your divorce document.
Was religion an issue in your Hindu-Christian marriage? What would you recommend to other Hindu-Christian lovers?
In which Act or under Indian law, a married Muslim man can seek divorce from his wife legally when their marriage was solemnized under Islamic Shariat? Can such Muslim man marry another woman of his choice when the wife is alive and living separately, will this not amount to bigamy under Indian laws? Explain!
Reply at https://www.interfaithshaadi.org/?p=10212
Hi! i am married to a boy in mandir 2 years back but we never lived together no i want divorce.?During my colledge days i was married to a boy without the knowledge of our parents in Mandir, after that we went to ours repected house and never lived together now i want to get divorce from him.
Becose he told me not to say parents now .and he will take me when adjust himself after 2-3 months. But after 2-3 months i told my parents when my marriage finalised somewhere else. Then my patents kick me out from home in anger. Then i insist to take me to boy but he refused . i know i can go to his home by court. But now i understand his nature. And i realise i had commit very big mistake. So i dont want to go to this type of boy. My parent accept me. And i m ready wherever they wish to marry me .and on affidavit myself and that boy signed in presence of notry and my parent and his brother that there is no relationship between both party from today onwards. But im afraid that the boy can creat any problem ?? Or i can get marriage with someone without problem. Plzzz help me.
Bharti,
Thanks for reaching out. You have married in mandir but there is no documentation for it. Generally one has to document it by registering it with government office to make it legal. We are also glad you guys signed a notarized affidavit and it could be used in court if necessary. However we agree to make it 100% clean deal. Best would be to contact a divorce lawyer in your locality to 100% make sure. Since there is no documentation in court, thus there is no question of updating that document. For this reason, he may suggest not to go through full expensive divorce proceeding. However, he may wish to rewrite the affidavit to make sure it is legally enforceable.
2/3years!!..such a long term…bt the boy does not have any prove of marriage..no pics nothing..both of the certificates are in girl’s hand,is there any other way than divorce?
You said, “marriage under the special marriage act,1954”, means it must be documented with government and one can get a copy of it. Don’t look for short cuts. On the day of this girl’s new marriage, this boy could come with police to stop this new marriage. We are talking about a legal matter and a Hindu cannot have two marriages at a time (polygamy). Yes, the girl could have another relationship (that is not moral but is less of a legal issue).
Was it interfaith marriage? What was the religion of the boy?
No…this was not a interfaith marriage..both the girl and the boy are hindu
One of my friend registred their marriage under the special marriage act,1954..But they never lived together..Now the girl want divorce..bt the boy does not..what will be the procidure?
Was this an interfaith marriage? What was their issue?
They have to go through normal divorce process. The separation, if can be documented, may count toward separation period before divorce. Best is to contact an attorney for specifics and guidance. Even better would be to get help from a marriage counselor and try to resolve their marriage issues and learn to enjoy this marriage.
The boy is actully psycho,he threated the girl and forces to stay with him..at the time of registry the girl did not know the boy is psycho & always keep doubting the girl almost with out any reason..now he is not agreeing to give divorse bt the girl badly need it…what should she do now to get rid of this marriage?
Our first recommendation is to work it out. If that is not an option, then file for divorce ASAP. It is going to take some time, but sooner you start, sooner she will be free from this guy. If she does not wish to be with him, he cannot force her. Best wishes.
Thank u so much for your advise..One more question how long will the divorce procidure take?
Be prepared for the worst, may be 2-3 years. Courts are always slow and when two parties fight, it makes it worst. Thank God that there is no child involved, otherwise it will be a real mess.
I have a query. Ours is not an interfaith marriage but a bit complicated. We are both Muslims. He’s an American by birth, divorced earlier and I’m an Indian, this is my first marriage. We got our nikah first and then got a court marriage done under section 13 after 4 months from the date of nikah. The reason being that the local municipal officer just refused to acknowledge a foreign divorce decree and refused to register a nikahnama with a foreign divorcee. They advised us to get a Court Marriage done. As we had not evidence of having lived together as my husband flew back to the USA in a few days after our Nikah, we were told by a lawyer that we had no choice but to file for a Court Marriage under section 13 as the nikah is not recognised legally unless it is registered or can be backed by proof of a living relationship.
My question is, have we done anything legally wrong or does it make our Court Marriage done under Section 13 invalid and illegal if we got married as per religious ceremonies prior to the court marriage and declared our status as ‘single’ for me and ‘divorced’ for my husband in our application of marriage which was filed months after our nikah? What status does the religious marriage have if a court marriage is performed after the religious marriage? Can we declare that we performed the religious marriage first and then went for solemnisation of Marriage in Court under Section 13?
Please help.
We are not legal expert but let us give some thoughts. In India, it is the first marriage most important. However, if you don’t disclose your nikaah during Civil marriage application, there is no issue (because they don’t know it or will not know it).
How can you have Civil marriage without his presence?
One day, you will have to immigrate to USA and convince US immigration office to give you permit to go to USA. Make sure at that time, stick with only one marriage story. They will want all kind of proof for your marriage at that time. Take advise from your attorney. Best wishes.
Thank you for your reply.
Oh he was present for the Court (Civil) Marriage! :). He flew in again in April for the Court Marriage.
So what if we say we had done the nikah first as religious recognition of our relationship matters to us more and then went for Court Marriage? We didn’t do any celebration for our court marriage, just a dinner with my family at a local restaurant. Of course we had a lavish reception etc after our Nikah. But we have to submit a Marriage Certificate issued by the Registrar of Marriage, they won’t accept the nikahnama.
So which marriage, would you advise, we state in the application. As we are preparing my application we are becoming aware of the potential of this becoming an issue.
My husband has retained an immigration consultant in the USA but he says he has not knowledge of the Indian Laws. Hence using this forum to seek advise.
Your inputs are invaluable, so please advise
This is difficult one because what that immigration officer will look for is any one’s guess. he is citizen so he has rights to bring his wife to USA. Only question is to convince the guy sitting there. Ask a local agent for advise but we think it would be okay to show both. The civil certificate is a legal document and that should be sufficient to prove that you are married. Say we never bother registering our Nikaah but this is a nikahnama. Best wishes.
Im a hindu boy. Im in love with a muslim girl. We both love each other. Is there any possiblity of inter-caste marriage under Hindu Marriage Act of 1955 and Hindu Succession act of 1956. If yes, kindly email me the procedures for that to my id..
Waiting for your response 🙁
Read above. If you are adult, YES, you could do it.
Do your parents agreed to your marriage?
Where will she live after marriage? Do you have your own flat, away from parents?
What will be religion of your children?
i will respond positively for all your questions except my babies name, it is upto my crush ;(
One of my friend (female hindu ) got married with hindu male. And there is no relationship in between them since 5 months and girls want to get divorce. So what she can do to get divorce ? If she file petition in the court so can she get divorce ? As her husband says he will not give divorce. Please suggest asap she is so worried. Is there any way ?
The separation period is longer but, yes, she can get divorce. It is not easy for a wife/girl to find a second life mate easily. Tell her not to make any irrational decision and try to make this marriage work. Is the issue due to in-laws?
I have done court marriage two years back with my ex husband. And we got divorced after one year. Now that I want to get remarried to anotherguy. Will there be any problem in biometric scanning. Do I need to carry my divorced certificate on the day of performing my second court marriage?
Once you are legally divorced, one could remarry again without any issue. Check with the court if they need documentations as you suggested.
My daughter working in u.a.e. staying in her independent rental home is under cruel treatment from her husband staying with her.They have a one year old child and a babysitter to look after the child.Both are working under the sponsorship of their respective employers.Both are christians but married under civil law(special marriage act) of India.Can their divorce if effected in U.A.E.stand valid in indian courts?
Mrs.J.
We are not attorney but as we understood that only Islamic marriages are valid and to be registered in those Islamic countries. For others, they have to register their marriage in their own country’s embassy.
If your daughter married under the Special Marriage Act 1954, they are married as per Indian laws are concerned. It has no difference if they registered in India or abroad, but the same law apply. We hope her husband starts treating her well.
Dear sir
this is alam from gujarat.before six month got marriage but unfortunately near end .my wife is not agree with my famali parents and brother .she always thought like selfist and use bed words again me.in month she stay her home 4 month and now blame and my famali.she had also pragnency..how can i finish matter?how to get divorse? his parents always says need alone his daughter .how can i get divorce tell me/is it possible ?
pls help me and suggest ………….. -Alam
Hi Alam,
We have removed your last name for your privacy.
Was yours Nikaah-only marriage or did you register your marriage in court? Nikaah alone will be lots easy for divorce. Is she also Muslim or from other faith? You said “she had also pregnancy”, do you mean she is pregnant now? Please clarify and we will get back to you soon.
Hi am raj from andhra pradesh am married legally from marriage registed office. am a christian and my wife is hindu her parents are not ok about our affiar they dont know about our marriage she is staying with her parents and am in my house. She said the she will convince her parents about us in future. Now their parents are getting her marriage. Can some marry whos is already married. How can i stop this marriage legally becuse am married to her i have marriage certificate and marriage phots with me can please suggest what are steps i should follow.
Raj,
The answer is big NO. With your marriage registration, not she nor you can marry to someone else till you get a formal divorce from your current spouse. By marrying to a new spouse, you only put others in legal trouble. Best would be if you talk to the girl and later to her and your parents. You could always report to police but that may create more mess. Be bold and tell all, and face the consequences.
Note we are not legal expert but we are providing guidance based on some common sense. Contact a lawyer in your area for more guidance.
I am not clear about getting divorce and which law will followed(Islamic or Indian law) for a Muslim. And how difficult is to get divorce? I did nikkah by not expecting anything like gold and got married as per Islam by giving Maher to bride. My father in law is asking me what your expecting from thought phone calls and recording it.He know about that I will expect anything others but still he is doing this nonsense. Is there way they can produce false information about me to make it criminal case?
Reply at https://www.interfaithshaadi.org/?p=9673
Mine was arranged marriage and nikkah occurred four months before. After marriage there is no smooth relationship between us because even for simple issue she make it big by spreading to others. I insist her always to solve problems of our own and she never listens to me. This has created bad relationship between my side and the girl side. Worst words were spoken from the girl side and she is not ready come and live with me. We are thinking to do divorce and I have few queries to answered.
1. Can I get divorce as per Islamic law through talaq and not following Indian law?
2. Also after nikkah we did register our marriage in sub register. Is that from girl side they can go through court to get divorce by Indian law instaed of following Islamic law to delay divorce?
3. As of I now divorce will not be given within one year as per Indian law. Is there possibility to get divorce earlier by following Islamic law?
Thanks and waiting for the reply
Reply at https://www.interfaithshaadi.org/?p=9673
Is it permissable to go to your fathers reception if he got married in church
Can you be little more clear? Are you talking about Hindu-Christian marriage? What type of reception of father? Give more details.
Dear Sir/madam,
after my marriage when my wife was found positive in pregnancy she went to her home town and I used to support her financially sending Rs.10,000 to 15,000 per month for her expenses and after the birth of my child she started staying and I was supporting her but never turned t back to come to me and since july2010 she is away from me and when ever I ask her to come she makes false statement about my parents as she never stayed with them and always denied and quarrelling a lot.
I have stopped giving her money from feb2014 thinking that that she will come back but nothing happened. Now she took a job as a teacher just not to come to me.I have filed a case under section9 to come to me for staying together for congenial life.
they have filed a case at the supreme court to bring the case to their home town(cuttack,orissa).
I have filed from asansol,west Bengal.Her lawyer says he will put me in trouble as they have filed at the supreme court.
Can you please help me and let me know the actions I should take further.
waiting for your reply.
Regards,
Vishal
This is complex legal case and lawyers will guide you. However we would say instead of spending all these money, rent a flat in next town and you two live there with your child peacefully. Yes, your parents will not be happy that you are not living with them, but you have to make a choice – wife or parents. You could always go meet your parents and support them. We would say move out of parents and merge with your wife (for the sake of your child).
Thank you sir for the suggestion.
Regards,
Vishal
Bro,
I know how you are going difficulty in your life. .dont worry every thing will be fine soon In Sha Allah. .God is with you
Dont bother about what they are doing. .you have full rights to get back your wife to your home
have you convenced her parents?
Thanks bro but I will consider my parents they are first for me.
I cannot leave my parents who has given birth to me.
I love them a lot.
Regards,
Vishal
This is honorable that you wish to respect and take care of your parents, that is the way it should be. However, you can be married to only one… your parents or your wife. Most today’s girls/wives will be ready to respect your parents but still they will wish little freedom in her personal married life. You have to learn to find a balance of how to keep parents happy half way and keep wife also happy half way. In most cases, you cannot please both 100%.
If you really cared for your wife and child, we would have recommended to give her more respect and dignity in your home and also protect the wife from irrational demands from parents. It is very difficult for a husband to find a good balance, but after a few years, parents will learn that they cannot rule in this home and learn to respect the wife. Later, wife will also realize that in-laws are not bad after all and will start loving them, but this takes time. Well, it’s your life and your choice.
Hello,
I have a query. I m a Muslim woman and was married to a Hindu guy, back in 2008 , under the special marriage act in the Indian embassy in UAE . We got separated in 2010 due to some personal problems. Since then we don’t live together . He lives in India and I live in UAE. Now I need to get divorce but I cannot travel to India . Please advice how can we Get a divorce without my presence. Please give a solution , as he can do it in India ( Mumbai) . And we need it soon. It’s been almost 5 years we are living separately. Pls give me an urgent and fast solution.
Thank you.
Reply at https://www.interfaithshaadi.org/?p=9523
I am Muslim guy from Kashmir and I got married to a hindu girl through nikah and also through interfaith civil marriage in mumbai court..we are having irreconcible differences between us and we both want to get divorce by mutual consent.. We don’t live together bec of her ailing single mother..we had been in relationship for more than 3 years before we got married six months before.. Kindly advice the procedure of divorce.
Reply at https://www.interfaithshaadi.org/?p=9437
Was Nikaah or Civil wedding the first marriage? In generate, the first marriage counts.
Sorry your marriage did not work out and that is also so soon. What was main issue? We hope not religion!
Nikaah was commenced first and three days later civil court marriage… Religion is never an issue .. As I am also not practicing Muslim … But she doesn’t like Kashmir and I can’t afford to live in mumbai after huge set back in business which happened before our marriage ..I am the only son and she is also only child of single ailing mother , that also is the reason , but main issue is innumerable and irreconcible differences and ugly arguments …but we also love each other..I wanted to ask you .,, if we are still bound by Muslim personal law as nikaah was commenced first .. And being kashmiri where I have to get divorce done…we have both nikaah papers as well as marriage certificate..also if I can go for second marriage with her consent.
After Shahadah (before Nikaah) and Nikaah, she is now a Muslim. Did she used her new Muslim name or her old Hindu name for the court marriage registration? Do you mean second marriage by the Special Marriage Act 1954? What did she declare in her court papers, is she a Hindu or a Muslim?
She mentioned her hindu name in marriage certificate..I never encourage name change unless it is objectionable to ones faith and belief… Second marriage if I can go for one more nikaah as she wants me to move into her house and keep second wife( if allowed )with my parents .. Bec I don’t encourage divorce also ..
Reply at https://www.interfaithshaadi.org/?p=9437
My husband was married in his first cristian wife in civil wedding’they seperated two years ago’then we decided to convert to muslim and get married after,.I just want to ask if ever’ his wife get back,is she can sue as bigamy bcoz we get married without forming the first wife?
At least in India, polygamy is allowed for Muslims only. A Muslim could have up to 4 wives. Thus if you both were Muslims, that is a legal marriage.
However, your husband before marriage was a Christian “married” man and he cannot marry to a second wife. He was “separated” but still married. For this reason, the act of that Christian man could be brought to a court for justice.
What Islam means to you? Or, the conversion was a fake-event just to get married?
Hello…
I m in love wit an Hindu boy but he is married n we both want to get married as his second marriage, his wife is nt aware abt me , even he didn’t had any physical contact wit his wife even after 13 months of his marriage , He had asked a girl for marriage but girl is not ready for marriage , so I wanted to know that is it possible for me to marry him after converting into Muslim culture.
Islam allows polygamy and in India polygamy is possible only if both are Muslims. That is why Dharmendra-Hema Malini converted to Islam so Dharmendra could have a second wife. However, his (your bf) first wife may go to court because she married by Hindu marriage act and she cannot share husband with other girls. Ethically and morally, ask him to get a formal divorce from the first wife. It may delay your marriage by a year or two, but it is a wise thing to do on your part.
i’m a keralite and aged 36, marriage was on 1999 ,at that time my father gave me 1 kg of gold and after 2 yrs out of my husbands harassment my father was forced to sell his house and gave money to my husband for doing business.and we give him near to 5 lakh at that time. and torturing continued..till… now he is living with another lady.and forced me make out of his house.belongs to his mother.we have 2 child ..i decided to file a case.i havent any other property to live.my husband misused all gold and money we given..and have no evidence now i am with my brother.can i have half of husband residing propety belonging to his mother ..
Sorry to hear of your pain in your married life.
If that house is owned by his mother, you cannot have any claim over it. She could do what ever she wishes with the house. However, if that house is inheritance coming from generation, you may have rights. You should contact an attorney and he/she could give you proper guidance.
All I want to know is theres no possible way that he could have sorted out this on his own without letting me know??? Can he fix it on his own and still I don’t get to know. I mean without my involvement.
Marriage is between two parties and the same for divorce. If he managed to fake sign papers for you, you could send him to prison.
I don’t know what that retard is upto… I am just scared of my future. What if I decide to get married tomorrow and he raises some issue. It’s so disturbing and horrifying to me
I am in love with my cousin. She is my Fathers brothers daughter. I cant live without her. We planned to marry each other. But I know that we fall under prohibited degree of relationship. So could you please tell me is there any way to make our marriage as legal. We both are Christians. We both are aged above 23. So Please help me in this..
Is it legal under christian marriage act???
Are you okay going against your parents? Are you financially independent to live on your own? Probably your church will not endorse such marriage (go ask them). Consider the Special Marriage Act 1954. Read above and cross references into it. We (not attorney) did not find any such restriction.
I am ok with all. I just want to know ..is there any way to make it legal..Because it is accepted in bible and in all over the countries excpet some. So pleass help me that is there any way to make our marriage as legal???
As far what we have read, there is nothing against it if you opt for the Special Marriage Act 1954. Go get the paper work for the court marriage and read details into it. Sorry we could not provide more specific details. Make sure that notifications will go to your parents for your intention of marriage, can you handle that?
i am legally divorced and in love with someone but i didnt tell him that i was married before because that marriage was for 6 months only ,nw we are planning to get married and register our marriage is it possible that i dont have to tell anybody that i was married once????
Janvi,
Legally, you are not obliged to tell that you were married before, unless you are providing any wrong information in the registration papers. However, the marriage life is based on trust and respect for each others. You should disclose truth before marring the person, even it means the marriage may get delayed by a few months. In general, honest is the best practice.
do i have to show my divorce decree???? because if i have to do that then i have to disclose
Janvi,
We are not a law expert of your country and thus you would be better off checking with an attorney or go to a marriage registration office and ask for proper form. That will have all information.
We could say it is unethical and unfair to your new husband if you don’t disclose facts. One or the other day he will find out truth. How will he feel at that time? How would you know if he also have a second wife? Both should explore all facts about each other on your own as well honestly disclose facts. Trust and honesty are very vital in any married life.
Hi,
I am already married and i am in love with another women. I am not divorcing my wife and she agreed for my second marriage.But the second girl don’t know i am married. My doubt is that can i register my second marriage legally or while registering the marriage ,will my second wife will come to know that i am married.
We will be marrying in a different state ? Will the marriage registration department can identify that i am already married?
I missed to mention my religion, i am a hindu.
Hi Admin,
I love these two girls sincerely and they love me back same way. I had disclosed to my girlfriend about my marriage, had some issues obviously, but she also says can’t leave without me.
With respect to all your advices, basically my concern is that if i try to register my second marriage legally, can the marriage certification body can find out that i am already married ?
Hi Mac,
Thanks..But i don’t want to have a bad name in front of others. This should remain secret between me and the girls only. That’s why i checking for the legal parts, as i want my girlfriend also feel secure with marriage registered.
It is easy to get married but very difficult to maintain a happy and successful married life for some 70 more years to come. Do not think short term. If some one (like one of distant relative) someday will find out that you married to two women. One phone call to police would bring a arrest warrant and put you behind bars. Instead of illegal paths, consider legal ways of handling situation.
After your second marriage, where the old and new wives will live? How will you will be able to hide the fact that you have married to two women?
Hi Admin,
I am settled outside India, so i am not worried about 3 of us living together.
Only concern for me is the legality. Yo said marrying is easier, does that mean i can register my marriage second time also. this is my pending doubt.
We are not legal expert of this world’s laws but we feel it is unethical. It could put you in trouble when you return to India. Certain countries expects foreigners to register marriages in their own country’s embassy. Is she also Hindu or from other faith? If Muslim or Christian, do you have to change your religion for marriage?
Both of them are hindus..
Dear Venkitesh,
You are trying to walk on fire. What you are talking about is unethical and illegal. First, you should be respectful to your wife. If there is an issue between you two, you must go through proper legal divorce proceedings before marrying to some one else. Second, you should be honest to your current girl friend and disclose her truth. If she really loves you, she will wait for a few years before marriage. If you marry to two girls at a time, you could be in deep legal issues, including arrest, ANY time in the future. Please don’t.
HI Admin,
For sure, i will disclose to my current girlfriend before marriage.
If these two girls agree and they don’t complain, then is there any legal issue ?
Please advise.
If you were a Muslim and both these girls were Muslims too, then there is no issue as per laws of India today. Unfortunately you are a Hindu and must follow “one wife” rule.
Thanks for your advice. But confused what to do as i deeply love both of them..
A cocaine addict loves injection of cocaine into vein so much and enjoys so much, even he knows it is wrong, but he cannot give it up. That is why governments have made laws to put such people, who cannot control themselves, behind bar (prison).
Now think this way. How would you feel the day your name and your planned actions goes in your local newspaper? Will your mother feel proud of you? Will you school friends come and congratulate you? Will your distance sisters come and say “bravo!”.
Think of all powerful President Bill Clinton. Even he had a wonderful daughter and wife Hillary, the thought he will get away and started having fun with Monica. Do you think Clinton is proud of his act today?
Know that human has a weak mind. That is why Geeta’s major focus is on mind control. If you control your mind, you could win the race.
We feel you have married to a Sita who “she agreed for my second marriage”. Please love and respect her. Also do not cheat your girl friend who respects you because she believes you are an honest man. Today, go and tell her truth about you. God bless you!
Gita also says women are born sinful, so you are not doing a bad deed as per gita, Sri krishna also did same, at that time unlimited polygamy was allowed, krishna did this with thousands of women, Chill bro!
Venkitesh,
Watch this move Queen.
BTW, mac and his religion are proponents of polygamy, we have different views.
Respected sir/Madam
I have a friend of my mine who is from Kerala, She recently got married to US person. her father had divorced her mother long back, and now mother is residing in Kuwait and father is somewhere.My friend who got married to this US person is doing her internship in medical college. Neither her mother or she had much time to see this man and talk to him but all got over in a weak of time. but after marriage she came to know that the man she married, hardly talks to her and is like small child in behavior. he is sexually not active, even when she tried, he did not respond. later she complained of the same to his mother, and she counselled them both. later that man started to ask to teach all things from beginning and he is addicted to computers 24/365. Now she is tired of him, so what are the procedures for divorce, she is christian from Kerala married to US person who is also christian by religion.
please help us in this matter.
We are sorry to hear of this mess. If both got married in India as per Christian marriage act, then probably standard divorce process has to be followed. If both parties are in agreement and there is certain period of not staying together as husband and wife, then both could file papers for divorce. Consult a local divorce attorney for specifics.
what if there was a religious ceremonly only done in India, no court papers signed….does Indian law still consider that as a legal marriage?
The actual court marriage occured in America and a few years later the American court annulled the marriage.
however, the person has filed a case in India stating the marriage is still valid and also a dowry criminal case.
We are not legal expert but could provide you some general guidance.
You had intention of marriage and married to the person. So, morally, you are married. The other party will try to prove the marriage with witnesses and photos. Now it is up to the judge/jury to decide how to interpret the laws. What would you say to the judge to prove that you were never married to her? In such cases, only winners in the end are two sides of lawyers. Instead if fighting in court(s), settle outside the court.
Hello I had a court marriage few years back and after that things didn’t worked out so we started ignoring each other and maintained distance and we petitioned for divorce but than due to certain circumstances it couldn’t be done now I got to know that he is getting married again. I wanted to know if its legal on his part???
Maya,
Sorry to hear of your life story. We are not legal expert but let us share our views. As per Indian laws, today you are legally married and NOT officially divorced. In this scenario, he cannot marry another girl till he formally get divorce from you. Best would be to warn him in writing or some other formal way. If necessary, go meet the other girl dating him.
We hope he is not Muslim and your first marriage was not by Nikaah. If answer is yes, Islamic laws of polygamy may apply and your case will be very weak.
Can he get annulment in this scenario? ?? As we’re not Muslims
Yes and no. Yes, after certain years of no contacts what so ever could be. No, because annulment is a debatable matter and has to be proven in a court. On your part, you should clearly communicate to him now that you will take this matter to a court if he marries. Such treat it self may make him think twice and come to a negotiation table. Meantime, contact a good lawyer for specific advisement.
I got to know he already got married….
Three points:
1) Is it possible that someone is feeding you wrong information to mislead you?
2)Before you marry to someone, make a point of your legal divorce from him.
3) If he actually got married, that is unjust. He must pay the price. Contact a police or a lawyer.
Tell us what you wish to do now?
No actually nobody’s misleading me. My relatives actually attended his marriage. I seriously got nk issues with that but I just want to be sure I am not in trouble or won’t have any issues in my marriage if I tend to get married someday
Really sorry to hear of your issue in life, this is too sad.
Now, here we are talking about legality. Yes, it is possible that illegal activity (second marriage without divorce) may never be an issue. Alternatively, it could be a major issue some day.
For example, you could call police and have him arrested today for his illegal activity, or go and tell his new wife that the man has committed polygamy. Other point, lets say he dies today for some reason. You could go to court and claim proceeds from his life insurance because, as of now, you are his legal wife. You may or may not get money, but it will certainly be a legal mess. Likewise, it could use the same some day against you too.
Hi..im 24 year old..i married this year February 6.after marriage im staying wit his family..but things are not good wit me..we done marriage in marriage and I don’t have marriage certificate.and he is not ready to do marriage registration..is it possible him to do another marriage. Without divorce..if he done another marriage I can go against of him even though I not have marriage certificate..kindly inform me
Jaya,
Sorry to hear of your condition. As we understood, this are within (same) faith marriage, correct?
You are asking a legal question but we are not marriage attorney, however let us give our thoughts. Normally, it is the marriage that is registered is easy to prove in any court. However, you have got married by (we assume) Hindu wedding in presence of all relatives and now you are living in his home as his wife for past 10 months. There are many witness to prove your case. These are all enough proof to prove any Judge that you are married. So, we would answer YES to your question, “if he done another marriage I can go against of him even though I not have marriage certificate”. However, these legal tangles are always difficult, costly and time consuming. Meantime, you will have lots of pain and sufferings. Best would be to involve some influential relatives to mediate your issues peacefully.
Can you make your marriage work? Go talk to a marriage consoler for help (a lot cheaper option). Are you looking for this marriage to work or divorce? Is he talking about second marriage (then tell him that you are his wife and will go report to police at the time of your wedding)? We hope you will have a happy outcome out of your current situation. Best wishes.
Sir/madam
I want to know that Im completed 20y and 3 months and she is also completed 18y or 4 months. Can be able do court marriage. We are loving eachother.
What are your faiths/religions? After marriage, were are you planning to live? We hope not parents!
The bridegroom must be at least 21 years old; the bride must be at least 18 years old.
UK:
Marriage between couple in UK is governed by Marriage Act 1949 and Marriage Causes Act 1973. As far as the British law is concerned the couple need only to have the capacity to marry. Religion is not a factor under S(11) and S(12). Therefore, as far as the British Law is concerned provided that both of you have the capacity to marry, it doesn’t give a hood about one’s religion . Therefore religion is not a criteria under S(11) for annulment. So in short, interfaith marriage is welcomed in UK and conversion to other faith is more of a personal choice . This is also guaranteed through Article 8, 12, 14 of the European Convention of Human Rights.
Malaysia:
For Muslim marriage, there are different laws and doctrines governing it. However, to be specific to your question, will only advise you on Malaysian Law. In Malaysia, the Federal Constitution is supreme and the Freedom of Religion is something which is guaranteed by the constitution under Article 11. When it comes to Family law (namely Marriage), there are two primary statutes, LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976 (For Civil Marriage) and ISLAMIC FAMILY LAW (FEDERAL TERRITORIES) ACT 1984 (On Muslim Marriage). The Civil Marriage Act of 1976 specifically states on page 11 that “This Act shall not apply to a Muslim”. However, as a point of contention, Muslim in Malaysia has a narrow interpretation. According to the National Fatwa Council and as per the Fatwa decreed in 1996 by the Committee that “Muslims in Malaysia must only follow the teachings of Islam based on the doctrine of the Ahl al-Sunnah wa al-Jama’ah on creed, religious laws and ethics”, which means other sects ( Shia, Ahmadiyyah, Sufi, Bahai ) are not considered as Muslim as per the decree on the Fatwa Council. So what does that mean to you ?. if your Husband is not a follower of “Ahl al-Sunnah wa al-Jama’ah” then he is considered a Non-Muslim and would be governed under LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976 (For Civil Marriage). In other words you do need need to convert or embrace Islam for the sake of the marriage as there are no legal provision to do so. It also doesn’t stop you from registering your marriage at the Malaysian Embassy in London. However you need understand that it does not give him any special privilege in Malaysia apart that he can now be on a Spouse Visa and eventually and if he fulfills the requirement criteria, he could be a Malaysian PR ( still under the discretion of the Minister). Nevertheless, there are easier way to achieve this than to be on a spouse visa. Hope that explain that if he is not a follower of Ahl al-Sunnah wa al-Jama’ah”. ( Note: Both of you need to convert to Sunnah in order to be considered as a Muslim in Malaysia, conversion to other Muslim sects is forbidden through official channel)
Things are a bit more complex if he is a follower of “Ahl al-Sunnah wa al-Jama’ah”. Then the narrow interpretation would bite, however, I am no sure if it is only confined to Muslims as in Malaysian Citizen or any Muslims at large. Supposedly it does covers Muslim at large, then the ISLAMIC FAMILY LAW (FEDERAL TERRITORIES) ACT 1984 (Act 303) would bite. However, under S10 of Act 303, A Muslim Man is allowed to marry a Kitabayah. A Kitabayah is a Christian woman whose ancestors were Christians before the prophethood of the Prophet Muhammad; or a Jewess whose ancestors were Jews before the prophet-hood of Jesus;
If you are not a Kitabayah then you need to convert to Sunnah. However, converting to Sunnah does not mean you need to chage your name. Again this is optional and it is not mandatory criteria. The are certain procedures to be adhered under Sharia before you can be pronounced a Muslim and your marriage to be solemnized in Malaysia.Once again, all this only apply if you want your marriage to be solemnized under Malaysia Law Otherwise, he could be on a tourist visa which would allow him up to 6 months of stay in Malaysia. As for legal rights, you would be governed by common law.
Hi. My sister got married before six months. His husband is not treating with her properly and now she want divorced from him and he is not at all ready to give divorced to her. He is torching her. So in such case what I have to do. Plz send your advice on mail.
How did they got married? Was it by Nikaah or civil wedding?
Sir,I am a divorcee..my first marriage was an arranged one with a Christian boy..where I am hindu..I converted my religion to Christian,but it was not published in gazzatt..our marriage was done by Christian marriage act only..we got divorced now.But now I want to get married with another Christian boy…We are already applied for registration defining me as hindhu..and I want to know is it possible to do my second marriage in special marriage act..is it valid..please help me out sir..give your valueable suggestion…only the divorce judgement copy show I am a Christian..Can.it create problem for my second marriage registration
Reply at https://www.interfaithshaadi.org/?p=8578
my wife divorce me and i have one baby boy to days custody can i take and his family mumber given brobem my sun 3 year old i am NRI going for vecation can i get.
Which country you are from? How did you got married?
I am christian and my boyfriend hindu..we love each other and engaged.his parents knows but asking to marry later cos his dad is very sick and cant get any stress..But i cant wait cos i am pregnant..one day he said he get to know i need to convert but by pregnancy not allowed..thans why he said we cant marry..he left me…but till now i think its possible to marry..maybe i dont know indian law..i ask someone for advise
Reply at https://www.interfaithshaadi.org/?p=8503
sir my lover completed 18age i am also completed 18,so i want to registermarriage it is possible
What is rush getting married? Where will you live after marriage, do you have a flat to live? Who will support you financially, especially if both sets of parents don’t support you? Is she from a different religion? Also read above “5. the male has completed age of twenty one years and female the age of eighteen years;…”
I have been married for 17years ,now i want a divorce from my husband
Sem,
Sorry your marriage is not working out. Is yours interfaith or within faith marriage?
First, any one will suggest you to make things work out. What are three main issues you have with your husband/his family? Once you are separated, will you be able to support yourself financially? Do you have children that you will have to deal with? In spite of all potential issues, we are not saying you should not divorce him but wish you to be prepared for reality of life.
A muslim man married to a muslim woman. After some time, woman wants to have Civil Marriage (because she don’t want to follow Personal Laws). But her husband does not agree.
1. Does she opt for rules for Special Marriage act 1954 in court cases related to her marriage?
2. If not, what she would do so that she will be govern by laws of Special marriage act?
Hi,
I am about to get married in December. I am a Hindu and the girl is Catholic. We are getting married in the Church, and will also be going for a Civil Marriage. Both ceremonies will take place within about 10-15 days of each other.
I wanted to know if there is any interpretation of the laws in India that says only the ceremony which happens first (Civil or Church, whichever takes place first) will be considered as the legal marriage date. Or is it that only the Civil Marriage date will be considered as the legal date?
Please advise.
Reply at https://www.interfaithshaadi.org/?p=8233
Dear Sir,
A 26 year old bohra caste girl was forcefully made to enter into a nikaah with a boy from her own community due to family pressure. They literally used her fathers critical health condition as an excuse to impose this marriage on her. The girl is unhappy with this arrangement and is not willing to accept this forced marriage. According to Islam, a forced marriage is considered null and void as the girls consent was a forced consent and not mutual.
Usually with bohra marriage, a nikaah is followed by a reception or walima as they say. But the girls family have still not fixed the reception date. So there has been no reception and no consummation of the marriage. The girl believes she still has a chance to get out of this. The girl also spoke to the boy for divorce but the boy outright refused saying he will never leave her. She also approached her father who is in better condition now for granting her the right to seek divorce, to which he too refused saying it is a matter of his prestige.
The girl now wants to end this forced nikaah and seek divorce.
1)What are her rights and which governing body should she approach?
2)Does she have the right to leave the house?
Please guide.
Reply at https://www.interfaithshaadi.org/?p=8163
i was married when i was 10 years old and when i
grew up to 21 years i was forced to accept that
marriage . as this was a force full marriage i was
not happy and now that circumstances are so
worst that i cant survive and i want to get
divorced . till now i have not register this
marriage with any legal documents so please help
me what should i do to get divorced. and if I will going into court. my father got custody or not?
I love my family. Please help me.
Anu,
Sorry to hear of your issue. First, you are married, it does not matter if you registered or not. Second, you have rights to get divorce, no one could stop you from doing so. However, the divorce is painful and lengthy process, so try if you could work out in your marriage. What are main three issues you see in your marriage?
You are an adult and thus you have right to decide for your own life, your married status and who you decide to live with.
One other point to keep in mind, who will support you financially for years to come if you get divorce? Can you find a job?
thanx admin. but I am afraid of my father’s custody. because if i am going to court for my child marriage story. Than court will punish my family. and I don’t want to punish them. I want only divorce. because I don’t like my husband. He is jobless. we are not live free. He is also forced marriage by his family. so, he don’t want give divorce to me. because I am well educated and beautiful. I am 21 year old. and I find easily find my new life partner after divorce. I completed my M.B.A right now. I have no children. now please what can I do.? court or forced marriage..! Please suggest me. :'(
Even you may not want to bring up child marriage issue, the lawyer of your husband will. Even PM Modi did child marriage, people did not punish him or his family for it. That should not be a factor if you should or should not get divorce.
Him not having a job, you are beautiful, educated, etc are good reasons but ideally or ethically should not be considered as factors for divorce. Most important is – does he treats you with respect and dignity? If so, help him out and soon he will find another job. They you could live free. These are short term issues you will come across any marriage, you cannot keep divorcing each other at every step of life!
thank you very much for the help that you suggested the marriage act however the boy never wanted me to meet his parents now i told him we will have to complete formality by meeting Ur parents he took me to meet his parents now he is saying get baptism cause he was aggri for court marriage now hi is not aggri. i told him human is more important than the cast for me and God is a positive energy it is not that you should compare i hate comparison too just for the seck of marriage you canot forse a person to get baptism .. hi said if we do court marriage my parents will not be treated in good way in church and the boy whom i am getting marry will not be allowed in other church … i askd him is your God says that if you love other cast person you are not allowed to come into church is your god says you have to get girl converted into christen the baptisum process will just give certificate that i am baptise who will change the Blood that is there in my body which is of brahamin family uska koi certificate doo jo ye bol iska khoon ab christen hogaya
Reply at https://www.interfaithshaadi.org/?p=8124
The Site ADMIN should write an exclusive article and reprint every 2 or 3 months THE SAME for the benefit of innocent women explaining the severe setbacks that islamic marriage gifts them, that wipes out their independence and reduces them to a subservient status. Court marriage or special marriages act must be advocated instead. The men insist on muslim wedding and the women will be trapped forever. Sadly the women realize the drawbacks much later to suffer forever. See below.
The Times of India. NEW DELHI: Interpreting a 75-year-old law, Delhi high court has held that a non-Muslim woman who embraces Islam after marriage but reconverts to her original faith can dissolve the union due to apostasy.
Granting divorce under the Dissolution of Muslim Marriages Act 1939 to Sultana (name changed), a division bench of Justice S Ravindra Bhat and Justice Najmi Waziri also clarified there is no requirement in such circumstances for a woman who leaves the pale of Islam to prove her act in a trial. The mere act of apostasy dissolves the marriage if she so desires.
“Were a woman married under Muslim personal law to apostatize, the marriage stands dissolved. In such circumstances, the woman is entitled to seek a decree of declaration that the marriage stands dissolved from the date of her apostatizing,” Justice Waziri explained.
The bench went into the circumstances under which the pre-Independence act was passed in 1939 to emphasize, if people come or are brought into Islam from a different religion, they should be permitted to go back for which there should be no bar.
I am a 36 years Hindu woman married to a 31 Years Muslim man under Special Marriages Act in 2013. Can we legally adopt a child ? If yes what religion will be child follow(what does the law say on this ?)
Reply at https://www.interfaithshaadi.org/?p=7663
Hello iam married to marwari guy arrange marrieage having a tough time from
hvsband and mil i have two kidş six years of marriage i have no one to support me i tried but waş blamed n my husband doesnt value my feelings i tried a lot what to do
Help me im in need plz i want to get divorce how do i do
Dear Janaki,
Sorry to hear of your marriage problem. This is very unfortunate. It is going to be double hard with two kids.
First advise would be to please try to work out. Get help from a marriage counsellor. See if there is a common friend/relative who could help resolve differences between you two. Many times marriage issue in first few years could be a thing of past if you learn to live with it.
How are you planning to manage your divorced life with two kids? Do you have good education to get some job? Note that we are not here to discourage you from divorce, but making you aware of reality of life. However, that does not mean you have to take abuses from you husband.
If divorce is the only option left, then hire a good lawyer and have a tough divorce fight with your husband. We hope he (not his parents) has money so it is worth fighting to get from him. Try to get as much money out of him as legally possible, you will need it all. That is one way to teach him the lesson of life.
To B, a Parsi in love with a Hindu,
We are not legal expert but read above. As far we understood, it is the first marriage that counts. For this reason, go to have a Civil marriage first. After that you could have a Hindu as well as Zoroastrian marriages (and Jain, Christian, Sikh, …as many marries you wish to have). This way, you have a choice to be neutral and no question that you got converted from one to other and same for her. If any priest says you must convert, find a new one!
Your parents said that being in a Hindu wedding ceremony means you converted to Hinduism. We believe that a pandit sprinkling water and chanting Sanskrit slokas does not fulfill “legal” definition of conversion. For example, being in Islamic Nikaah (wedding) does not make one a Muslim, but before marriage the Imam will ask one to take Shahadah oath of conversion to Islam and that is a legal conversion. Further, going to a church every Sunday does not make one a legal Christian but one has to be Baptized to be a Christian. A Hindu could be a true believer in Jesus and a Christian could be a believer in Karma or loves Krishna’s message; these are choices, beliefs and faiths but does not constitute a legal conversion.
News: Adding a new twist to the controversy over the government order on registration of marriage of Muslim boys and girls, a legal view has emerged that the order was issued based on a “non-existing provision in a non-existing law.” Legal commentator Kaleeswaram Raj has said that the controversial order was based on a law that was never enacted in India and was liable to be recalled and cancelled.
Read full report at http://www.thehindu.com/news/national/kerala/muslim-marriage-circular-based-on-nonexistent-law/article4850597.ece
suppose a man converted into Islam and get married to a women who also converted into Islam only to get married can get maintenance after divorce?
If both are Muslims and two Muslims get married, then the Muslim marriage laws apply in India. As per Muslim laws, a Muslim husband can divorce his wife by simple triple talaak. However, she could still go to a court and claim that the religious conversions were fake, meaning only for the reason of marriage and both are truly not following Islam. The case could get complicated and the judge may rule depending on proofs provided.
if you are concerned with maintenance and divorce even before marriage, then you should not get married or make her sign pre-Nuptial agreement for money matters. You do not need to convert for money reasons, instead contact a lawyer for pre-Nup.
Will girl get divorce within 26 days from the date of marriage? and girl are claim the part from husband property?
We have not heard of this 26 days deal. If you are not sure, why bother for the marriage. Do it only if you think it will last till your last day.
Today (July9, 2013) The Indian court’s directive on consensual sex (meant for sex within a marriage) made it clear that even a WIFE cant accept sexual advances of her legal husband unless she is 18 or over. Well, now do you think the muslims will accept the law? No, they wont. They want children to be married off according to muslim law, they will fight nail and tooth to repeal the law, what happens then, only hindus, Christians, Sikhs and others will follow Indian Law and muslims will resort to illegal activity in the name of their religion.18 is the universally accepted age for marriage, muslims want much younger girls , sad but true, for the females are not treated well by them. Read below excerpt from the article:
“The Supreme Court today issued notice to the Centre on a PIL seeking a direction for fixing the age of consent of a wife at 18 years for having sexual relations with her husband. Agreeing to hear the PIL, a bench headed by Justice K S Radhakrishnan sought response from the Centre on the issue.
The court passed the order on a petition filed by an NGO, i Thought seeking its direction for amendment of section 375 (rape) of the Indian Penal Code which makes an exception on age of consent of the wife for sexual relations with her husband.
The exception in section 375, which was recently amended by the Criminal Law Amendment Act of 2013, states that “sexual intercourse or sexual acts by a man with his own wife, the wife not being under 15 years of age, is not rape.” Advocate Vikram Srivastav, appearing for the NGO, submitted that if the age of adulthood has been fixed at 18 years, the same should apply in the case of age of consent of a women for sexual intercourse.
Hi, A Hindu girl is going to marry Muslim boy. She has lot of questions. Please help
1. If they marry under special marriage law, will stil the Muslim law apply to him? Will he be able marry more than one time?
2. What is the process for second Muslim marriage? Can first wife get divorce easily if he decides to get married again?
3.Does law require to have blood relatives present as witness for special marriage act?
4.What religion children get? or they have choice for either of religion?
Replies at https://www.interfaithshaadi.org/?p=5203
i am refering to my cousins case where she was married to a guy according to hindu law and procedure and was reg bef magistrate now the guy and my cousin had difference of opinion and decided to saperate mutually but even before the divorce was filed this guy goes and marries another girl nearlly forcefully as the guy is a notorious one both the fathers have decided to fight the case out on same table pls advise.mr patel
You have not clarified if the guy is Hindu or Muslim. If Muslim, he has right to marry 4, most probably you cannot do anything. If he is technically “married” Hindu (meaning no formal divorce), he cannot marry another woman. You have good a chance of winning the case.
I want to quote some court judgment relevant to this case:
In the case of Lily thomas vs. Union of India (2000) 6 SCC 224 para 39 Supreme court observed that if a person feign to have adopted another religion just for some worldly gain or benefit, it would be a religious bigotry. For example a person mockingly adopt another religion where plurality of marriage is permitted so as to renounce the previous marriage and desert the wife, he cannot be permitted to take the advantage of this exploitation as religion is not a commodity to be exploited
In perumal Nadar ( dead) by legal representative vs. Ponnuswami nadar (Minor) AIR 1971 SC 2352 it was held by the apex court as under:-
“ a person may be hindu by birth or by conversion. A mere theoretical allegiance to the hindu faith by person born in another religion doesnot convert him/ her to hindu nor is bare declaration that he/she is hindu sufficient to convert him to hinduism. but a bona fide intention to be convert to the hindu faith.
.
In case of Faheem ahmed vs. Maviya @ Laxmi (2009) MAT. APP. 13/2009. High court of Delhi observed that
“ There can not be any diverenge of opinion that in certain situation one of the parties to marriage belonging to one religion can take a decision to embrace the religion of other party but however such a conversion should not be undertaken merely to achieve the purpose of marriage , it should be done to embrace the new religion with a will and desire to completely follow the tenets of new religion while simultaneously forsaking the tenets of religion being professed by a person prior thereto”.
.
Based on the above stated court judgement, my opinion is that Girl has commited religious bigottery . because she adoptedd the hindu religion just for marriage.
Secondly it is also clear that just to remain hindu, one has to profess hinduism, not just theoretical allegiance.
Now I invite the comments of all respected members in this case. How those above stated cases are fitted in this case.
Another way of tackling this case is always open which is to have discussion through elder members.
No Name says: November 22, 2012 at 1:49 pm
Though you have a Hindu Name “Ravi”. but you do not know about Hindu Law. It is governed by The Hindu Marriage Act, 1955 and Hindu Succession Act, 1956 in India.
1. The Hindu Man and Woman have equal right to divorce his/her spouse under Section 13 of the Hindu Marriage Act, 1955. Divorce can be granted by Court only. Neither by the party himself nor by any group or Religious person.
2. She has all property or inheritance rights not only from her husband but also from her parent under the Hindu Succession Act, 1956. see http://www.lawyerscollective.org/files/LCWRI%20INHERITANCE%20REPORT.pdf also
3. She can marry any other Hindu even is he does not belong to his caste. there is no requirement of Horoscope matching which is a voluntary act. Horoscope matching is a astrology job to match the astrological features of boy and girl. It is not a cumbersome procedure or difficult job.
4. The dowry is banned under the Dowry Prohibition Act, 1961.
5. No Hindu widow is burned with the dead body of her husband.
6. She can remarry.
7. The widow is not considered to be a curse and she participates in all function. There is no ban in coming in public. She can wear jewelry or colourful clothes. (She takes part in her children’s marriage!)
8. Child and infant marriage is banned and penalised on complaint.
Thanks no-name. Please come advise youths for their interfaith legal issues.
What type of laws are applicable when a Hindu and Muslim have Nikaah Islamic wedding only?
I am married to a Hindu man before. Now i converted to Islam for last three years. I stay in UAE. For last 6 years i have no relation with my Hindu husband. he not agree to give divorce. now I dont like to stay with him because i am Muslim. and last six years i am only earning money and i gave to him because i have one son with him and he never allowed to stay my son with me. now really i want to divorce with him. so what should i do pl help me to solve this matter. if i go india and i declare i am muslim, may be he kill me. so pl someone help to solve this matter. Thanks
This post is moved to https://www.interfaithshaadi.org/?p=2456
Dear Sir,
I am a sikh girl and married to a sikh boy. Now my divorce case is in court. I just want to know that when can I get marry after divorce??
Hello,
can any one please help me.I am christian and in love with a muslim guy. I am from India and he is from Pakistan. I want to marry him but want to get rid of the muslim marriage law that a male can give divorce merely by saying talaak thrice. Can Special Marriage Act prevent me from this law?
We are not lawyers so could give only general guidance based on our understanding. Lets hope some lawyer will come here to guide you better.
Yes, the special marriage act is the best option. However, if he or both of you go to Pakistan, this law may not be in effect there. In any Islamic country where Saria laws are being enforced, only Nikaah is considered a valid marriage. Marriage involving a Muslim by other ceremonies are not valid marriage. If ever if you are planning to visit or go stay for good in Pakistan, it will be a matter of concern. Further, if your (future) husband goes and settle in Pakistan and you stay in India, you will have very limited options left. You are considered a married person as per Indian laws, but cannot get divorce even after several years of efforts if he is not present there. Meantime, he could have legally several wives there. Further, if children are involved it will make it even more difficult.
Are you in India or in the West (but from India)? Anywhere, the court marriage is the best option. However, other concerns visiting or disappearing to Pakistan remains.
Do not consider Nikaah, unless your intention is to convert to Islam.
hi,
If you convert your self to Islam you cant get rid of the Muslim law. But, since you are a Christian and he is a Muslim, this marriage will be governed under the Special Marriage Act, where no such provisions regarding divorce are available.
Since you are in love with him, why think of a divorce even before you get married. think positive and be optimistic.
Considering a high divorce rates, yes a smart person should think of all possibilities. It is not a negative thinking, but a smart thinking. Never accept religious conversion for marriage, under the name of one sided true love! What conversion has to do with love?
Sir,
My husband is a Christian and I m a Hindu. My husband filed a case under Special Marriage Act for Restitution. I filed a case under Sec. 27(1)(d) for divorce on the ground of cruelty. In my plaint I had said that the husband’s job is erratic and he does not earn sufficient and spends my salary. I have one daughter aged 9 years. Temporary custody is with me. Now I have no job although I am an MSW. I want to apply for maintenance pendent lite and permanent alimony. The cases in the court are running for 5 years now. Please advise.
Dear Vilu,
Sorry to hear of your pain and suffering. Court cases are always long, painful and expensive. Lets hope you will have some good resolution to your situation so you could start living rest of your life.
How did you got married? Was it in a church? Did you signed any child-rearing document like this? Was your daughter baptized? How it impacted your claim for the child custody battle?
Lets hope some lawyer from India will be willing to give you some advise here. Good luck!
Our marriage were under Special Marriage Act i.e. we had given one months’s notice in the Marriage Registrar’s Office and then as per in-laws’ wish solemnised in the Church. Yes, our daughter was baptized. I have no or little complaint about in-laws, but it is difficult to pull on in the marriage. No child rearing document signed.