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Can I get a divorce if I'm being forced to convert to Christianity?
26-Dec-2023 (In Family Law)
hello sir/madam iam i got married in april 2017 we both are hindus and arranged marriage now the problem is my mother in law and her sister both are converted my mother in law always takes decisions of her sister before marriage they didnt say that she is converted christian now i have a baby now they are forcing me to convert to christianity they are trying to convert my baby slowly they are converting my husband now he also converted they are keeping christianity channels and always irritating with their words now iam not getting anything iam afraid of my baby is it possible to take divorce
Hi according to your query Conversion
A Hindu marriage may be dissolved by a decree of divorce on the ground that the respondent has ceased to be a Hindu by conversion to another religion. According to ancient Hindu Law a marriage was not ipso facto dissolved by conversion of one of the parties to the marriage. Thus the statement of objects and reasons of the Bill laid down that a change in religion was not inconsistent with the continuance of conjugal love and it should therefore not be permissible for a party to the marriage to get a divorce by changing his or her religion. The right to get a divorce under this law is therefore given to the party who continued to be Hindu. A somewhat similar right is given to a person changing his religion for Christianity under the Native Convert's Marriage Dissolution Act 1866.Though s. 13(1)(ii) confers expressly right on a spouse to present a petition for divorce against the other spouse who has changed his or her religion after the solemnization of marriage, but the apostate can also file a petition for dissolution of marriage after he or she has ceased to be a Hindu under the Hindu Marriage Act provided he or she is able to establish the ground for it. Mere professing or theoretical allegiance to a religion other than a Hindu religion does not mean conversion for the purpose of this provision. There must be voluntary relinquishment of Hindu religion by the respondent and formal ceremonial conversion to another religion so as to attract this provision for the purpose of divorce.for further clarification you can contact us at any time.
A Hindu marriage may be dissolved by a decree of divorce on the ground that the respondent has ceased to be a Hindu by conversion to another religion. According to ancient Hindu Law a marriage was not ipso facto dissolved by conversion of one of the parties to the marriage. Thus the statement of objects and reasons of the Bill laid down that a change in religion was not inconsistent with the continuance of conjugal love and it should therefore not be permissible for a party to the marriage to get a divorce by changing his or her religion. The right to get a divorce under this law is therefore given to the party who continued to be Hindu. A somewhat similar right is given to a person changing his religion for Christianity under the Native Convert's Marriage Dissolution Act 1866.Though s. 13(1)(ii) confers expressly right on a spouse to present a petition for divorce against the other spouse who has changed his or her religion after the solemnization of marriage, but the apostate can also file a petition for dissolution of marriage after he or she has ceased to be a Hindu under the Hindu Marriage Act provided he or she is able to establish the ground for it. Mere professing or theoretical allegiance to a religion other than a Hindu religion does not mean conversion for the purpose of this provision. There must be voluntary relinquishment of Hindu religion by the respondent and formal ceremonial conversion to another religion so as to attract this provision for the purpose of divorce.for further clarification you can contact us at any time.
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Adv. Bala Murali
Hyderabad | 200+ Answers
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Madam,
As you are saying that your husband has also converted into Christianity, you can file for divorce under Section 13 1(ii) of the Hindu Marriage Act in the family court having jurisdiction for obtaining divorce from your husband. Mention all the facts related to your in-laws and husband's conversion to Christianity along with proofs of the conversion and proceed further with the case. Feel free to contact if you need any clarification.
As you are saying that your husband has also converted into Christianity, you can file for divorce under Section 13 1(ii) of the Hindu Marriage Act in the family court having jurisdiction for obtaining divorce from your husband. Mention all the facts related to your in-laws and husband's conversion to Christianity along with proofs of the conversion and proceed further with the case. Feel free to contact if you need any clarification.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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HI,
As you said that you got married and you have a kid now and until you are agreed then nobody can force you to change the religion without your wish and their are certain conditions required before changing. Divorce is another thing talk with your husband and try to sought if not settled then you can approach the court and file a divorce on harassment and cruelty. Call us through the website for further assistance.
As you said that you got married and you have a kid now and until you are agreed then nobody can force you to change the religion without your wish and their are certain conditions required before changing. Divorce is another thing talk with your husband and try to sought if not settled then you can approach the court and file a divorce on harassment and cruelty. Call us through the website for further assistance.
Helpful?
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Adv. Mohammed Abdul Quadeer
Hyderabad | 400+ 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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