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Inter religion marriage , not registered undr Special act 1954 valid?
26-Jul-2023 (In Divorce Law)
I married a girl on 11-Jul-2016 and we have a son around 4 years old. She is a Christian and I am Hindu, ours is a love marriage happened as per Hindu customs and rites.
We did not register the marriage as per special marriage act 1954.. Either of us not converted, I am still a Hindu and she is still a Christian..
She eloped from her home , agreed to convert to Hinduism.. but now she is forcing me to be a Christian.. There are other problems with her too like demotivating, comparing, blackmailing of committing suicide, threatening, disrespecting my parents, spending lavishly and not going for job, living for others, envying on others
Is this marriage valid? Can i apply for annulment instead of divorce?
Dear Sir,
Annulment to be filed within 1 year of marriage. Better you file divorce case since you have many grounds to proceed and get divorce. Suicidal tendency is a big ground to get you a divorce without alimony. Second strong ground to get divorce without alimony is thar your wife forcing you to convert into her religion which will be looked by courts very seriously.
Helpful?
Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 1000+ Answers
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As per the facts, you married a girl from a Christian and you are Hindu by religion. So as per the law, as inter-religion marriage should be performed under Special Marriage Act but it was performed under Hindu Marriage Act. So, it was held by the Delhi High Court that the marriage between a Hindu and a non-Hindu solemnized as per the Hindu rites is neither valid nor the parties can claim any benefits under the Hindu Marriage Act. Mere fact that the parties had solemnized the marriage as per the Hindu rites and ceremonies would not attract the applicability of the Hindu Marriage Act as the mandate of the law is that marriage has to take place between two Hindus.
Helpful?
Adv. Ayantika Mondal
Bangalore / Bengaluru | 5+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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