Need divorce in Mutual concent
Dear Respected Team,
I am a Hindu man married to a christian girl first in the court as per Hindu traditions but after some months when her parents interfered I had to get married according to the christian act in the church without converting myself.
After 14 years of marriage now it is above the head that we both can not stand each other as there is always a dispute of religion.
Even if we stay together with our 11 years daughter, we are not in talking terms from last few years, My wife only talks when there is any requirement of anything.
My wife is earning more then me and that's where the ego comes in and I always get to here the same line " Everything belongs to me and why are you staying here for, why dont you leave us , make the papers of mutual divorce and go" and every now and then tells me to leave the house.
I just want to live a peaceful life , anywhere.
requesting you to please guide on the same as I desperately need some advice.
Awaiting for the experienced and valuable reply.
Asked 4 years ago in Family Law from Thane, Maharashtra
If you can not live with her, consult a lawyer and go for divorce with mutual consent.
Approach a lawyer agreeable to both of you. Lawyer will do the needful.
if she was a christain how did you get married under HMA ? both parties have to be hindus at time of marriage . is your marriage registered ?
if situation is beyond repair go for divorce by mutual consent since your wife is not interested in staying with you any more . issue as to custody of minor daughter , house if any owned by you, maintenance of child would have to be decided by you with mutual consent of your wife
without converting the religion your marriage is not valid. neither as per hindu law nor as Christian law. if the marriage was solemnized under Special marriage act then the marriage is valid. if both of you are mutually agree then file a MCD as per SPA.
Advocate, New Delhi
First find out if it was a valid marriage than only divorce will come.However question of custody of child and maintenance have to be decided.
Advocate, New Delhi
If you are a Christian and your wife a Hindu then how could in the first place you have done a court marriage in accordance with Hindu traditions? Are you sure you have furnished accurate facts? Either the facts furnished by you are inaccurate, or the marriage was not a court marriage.
Have you registered your marriage? If marriage has been registered and has reached a point from where it cannot be retrieved out of rough waters then you and your spouse may apply for divorce by mutual consent, subject to how your marriage was performed as I have my doubts over your marriage being a court marriage. It will be better for you to talk personally to a lawyer and how him the marriage registration certificate, if obtained.