You can file a petition for declaring the marriage as void, since she was not hindu at the time of marriage and therefore the marriage could not have been solemnized as per the Hindu Marriage Act.
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Divorce
I have married a christian divorce and we got married as per hindu ritual,,,,,,,,now again she has started going to church and for the last few months she always take my two sons along with her to the church ,can i file a divorce case against her as my parents are very much annoyed and she never listen to my parents and when ever my parents tries to make her understand she use to quarrel with y parents one more point her father was not a christian when she had to leave her own place with me she converted her father to christian,
Asked 8 years ago in Family Law
Religion: Hindu
8 Answers
is there any possibilty that i can file a divorce petition on the above point,there are many reasons where i dis agree with her
Asked 8 years ago
Did the divorcee convert into Hinduism ?
2) for valid Hindu marriage both parties need to be Hindus
3) if your wife did not convert into Hinduism file for declaration that marriage is nullify as wife was Christian at time of marriage
4) you can if your wife had converted into Hinduism file for divorce on grounds of mental cruelty
no, she never got converted to hindu only the priest chanted some prayers and we got married,and what are the grounds for mental cruelty,she is always doing that but i think i should have a solid ground for that
Asked 8 years ago
There is no point of filing divorce since the marriage in itself is not a valid marriage, you will have to file a petition of nullity
1) if girl never converted into Hinduism your marriage is illegal
Section 5 of the Hindu marriage Act makes it clear that a marriage may be solemnized between any two Hindus if the conditions contained in the said Section were fulfilled
2) file petition for declaration that marriage is a nullity
3) don't file for divorce on grounds of mental cruelty but for declaration that marriage is nullity
Contact a local lawyer
File petition for declaration that marriage is nullity
If you want to file for divorce you have to prove allegations made in divorce partition
Wife abusing parents amounts to mental cruelty
1. You may have married according to Hindu rituals, but has she embraced Hinduism? Irrespective of whether she has embraced Hinduism or not, she has the right to go to any place of worship of her own. Hinduism says that all ways lead to god, so respect her religious choice.
2. If she takes the children to church then you can take them to a Hindu temple.
3. For her to go along with her children to a Church her father does not have to be a Christian.
4. You have no ground to file a petition for divorce.
As I said before, her going to church is not a ground to file a petition for dissolution of marriage.
Changing the faith or converting to other religion is a good ground for divorce.
If you have decided to divorce her you may proceed with your plans accordingly.
