Christian boy married hindu girl at hindu temple marriage not regd how

784 votes

Hi
Since your marriage was not performed under special marriage act as christian boy can marry a hindu girl only under special marriage act and not otherwise and hence your marriage is a void marriage.
void marriage is actually greater than a divorce decree
so no need to file a divorce petition.

Advocate Rajagopalan LawRato

904 votes

Dear Sir,

Marriage between a Christian man and a Hindu woman is not legally valid if either of them does not convert. If you both wanted to solemnize the marriage as per Hindu custom, you should have converted to Hinduism or the woman should have converted to Christianity if she wanted to do so as per Christian custom. However, as both of you preferred to follow your religions without conversion, your marriage should have been registered under the Special Marriage Act, 1954. Section 9 RCR pertains to Hindu Marriage Act and it is not applicable to you as your marriage is not recognized. In order to get your marriage recognized, register your marriage under Special Marriage Act, 1954 and then if you wish to ask the woman for joining you, file petition under Section 22 of Special Marriage Act 1954 or if you want divorce from the woman, file petition under Section 27 of the Special Marriage Act in the jurisdictional family court. Feel free to contact me for any clarification.

Advocate B. Srikiran LawRato

656 votes

Void marriage, means the marriage is not valid. When the marriage itself is not acceptable by law, again the question of approaching and seeking the divorce from court will not arise.

Here, you have not given correct picture of the case. Better to approach your advocate who contested the matter, he can properly guide you.

Advocate Mustafa Ali LawRato