• Dissolution of marriage between an Indian and foreigner

Hi,

I am in Indian man having Hindu religion. I married a Muslim Girl having Afgan Nationality. Marriage was solemnized in UK in a Gurudwara as per Hindu rites. 

We both resided in Bangalore before separating. We need to seek Divorce by mutual consent. Girl is still in India. 

Under which law should we apply for dissolution of marriage.
Asked 2 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu
1) has the girl converted into hindusim before marrying you . 

2)for marriage under hindu Marriage act both parties have to be Hindus 

3)your marriage to non hindu is a nullity . 

4) you will have to move for declaration that marriage is a null and void
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
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The marriage would not be considered as one governed under Hindu Marriage Act since the wife at the time of marriage was not Hindu.
I am not sure under what provision the marriage was solemnised in UK abut certainly this can not be governed under Hindu Marriage Act nor under Special Marriage Act.
In that context do not apply for divorce in india as the court in india would refuse to exercise its jurisdiction. Rather return to UK and apply for divorce therein.
Devajyoti Barman
Advocate, Kolkata
5217 Answers
54 Consultations
4.9 on 5.0
According to the Preamble to the Hindu Marriage Act, 1955: “An Act to amend and codify the law relating to marriage among Hindus. Section 5 of the Act makes it clear that a marriage may be solemnised between any two Hindus if the conditions contained in the said Section were fulfilled. In other words, in the event the conditions remain unfulfilled, a marriage between two Hindus could not be solemnised.”

the SC has held that marriage between hindu and person professing another faith solemnised under hindu custms  was a nullity
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
5.0 on 5.0
Hello,

1) For a marriage to be valid as per Hindu Rituals both the spouses must be Hindus at the time of marriage as per section 5 of the Hindu Marriage Act. I wonder if this fact was suppressed at the time of marriage in the UK.

2) Therefore your marriage to a non Hindu in the Gurudwara is not a valid marriage.

3) You can not file for nullity under provisions of the Hindu Marriage Act as it will not be entertained by the court as there was no marriage as per the Act.

4) You may have to apply for divorce in UK under provisions available in that country.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1) if the girl has converted into hinduism before marriage the marriage would be valid . 

2) the marriage has been solemnised under hindu marriage rites . 

3) after marriage both parties have resided together in bangalore .

4) file for divorce by mutual consent in bangalore . take specific plea that girl had converted into hinduism prior to her marriage .
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
5.0 on 5.0
1. You have stated ''The girl got converted to Hinduism before marriage. However, there are no proofs of the same in the form of Photographs.'' How did then the conversion take place? Taking rounds before fire or the Sikh holy book in a Gurudwara does not make a person Hindu if he is not.

2. If the girl did not convert to Hinduism your marriage to her is a nullity.

3. You are required to file for nullity of your marriage in the court. The court would not accept the affidavit as proof. 

4. A better option is to file for mutual divorce which is far less time consuming.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
Hi, as there is no proof to show that your wife has coverted from Muslim  to Hindu so you can't file a petition for mutual consent.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Dear Querist
if booth of you are ready to take divorce then immediately file a Mutual Consent Divorce u/s 13B of Hindu marriage Act-1955.

if the girl stated that she was not converted then this marriage is not legal then you may file a civil suit for declaration for declare this marriage as null and void.

You can contact over the phone after getting my detail from admin for further assistance.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
1. If the girls was not converted to Hinduism, Hindu marriage act is not applicable in your case,

2. The said marriage can be treated as null and void since both of you were not Hindu,

3. File an application for annulment of your marriage.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. You stated that the marriage was not registered in India,

2. Was it registered in U.K. under any act of U.K.?

3. In that event, the said Act of U.K. will be appicable on you and you can seek divorce based on the said Act.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. You shall have to show evidence that she was converted to Hinduism to ensure that you both can apply for MCD as per HM Act,

2. In case you fail to collevt the said evidence you can not prove that she was converted to Hinduism for which your marriage can be declaed as null and void,

3. File an application for anulment of your marriage.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0

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