husband seeking divorce
Basically I am Indian christian by religion. I had arrange marriage before 11 years with a girl from the same community. But unfortunately after a few months we decided to take divorce which was executed by an agreement which was registered by notary.She has admitted this fact in several litigation. Now I have filed a suit for divorce declaration under 7(1) b of family court act. But now she dont want to co-operate me and want to harass me and had given an application in the said suit to cancel the suit on the ground that it is not as per the law. But judge rejected her application on the basis of providing enough opportunities to the petitioner to prove his case since he has also produced many evidences of customary divorce in his community. My question is it possible to obtain a divorce declaration under the above suit for christian??
Divorce by a mutual agreement without stamp of approval from court is not valid in the eyes of law. Only a court of law is empowered to grant divorce. So the agreement that you previously made with your wife is illegal.
You have now applied for divorce and her request for dismissing your case has been rejected by court. The case will now be decided on merits in accordance with law whereby both parties will be called to prove their respective allegations.
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