Hi Lawyer, I am in a very difficult situation. I got married to a catholic man, who hide the fact he was a Tamilian and claimed as North Indian from Jhansi. First the marriage happened in a OBC welfare society, Secunderabad. Though a inter-religion marriage, a Hindu Marriage And again a Christian Marriage followed. But none of these are registered anywhere. I was surprised when I learnt that i am into a Tamil Catholic family, which I have never dreamt of. My husbands family never owned me. I was not following Christianity as I did not agree for it. Me and by husband was threatened with external ppl. My mother-in-law and the extended family completely avoided me and never consider me as the member of the family and so I started ignoring them. My mother-in-law brought her daughter to the house saying that her daughter will live in her father's house. I was constantly put to verbal harassment. I was under the assumption that wife needs to follow husband's religion. But later learnt that it is not mandatory. My kids are baptised as christians, because of my ignorance. Now I do not want my kids to follow religion blindly under anybody's influence. I want them to chose any religion. For that I want a legal notice or other sort, so that no body forces them. I want their freedom of religion preserved. Please help me out. I am not claiming any inheritance property from my husband's family. Can i completely disown my husband's family, so that they stop interfering my family matters.
Your husband cannot force you to baptise children or follow Christianity
2) you cannot be forced to convert to Christianity
3) no need to send legal notice
4) your marriage under provisions of HMA is not valid as both are not Hindus
5) marriage between Hindu and Christian is not valid if either of them did not convert
There is no such thing is disowning any relation. Your only solution is divorce and then obtaining custody of children and growing them in the way you want.
Dear ma'am,
A marriage solemnized after concealing facts is an invalid marriage. Also, as your husband is a non-Hindu, you marriage under the Hindu Marriage laws of is invalid.
As far as disowning relations is concerned, there is no such thing, and you can only, there is no remedy as such. You can however, file writ petition to seek protection of children from family and seek non-interference. But such step can only be taken when you marriage is recognized in the eyes of law, which in your case is not a legally valid marriage because of the circumstances. The other alternative would be too annul the marriage and seek for children custody.
Thank you
- As per law , the marriage between a Hindu and a non-Hindu solemnized as per the Hindu rites is neither valid nor the parties can claim any benefits under the Hindu Marriage Act.
- Hence, your marriage with him is not having a legal status , and further a marriage after concealing /hiding with other partner is also not valid.
- Either of the parties can approach the court for declaring that marriage as null and void.
- Further , you & your kids are not under obligation to adopt the fathers religion , you are free to adopt the faith as per your wish.
- Only a legal notice is not suffice.
you are bound by your marriage obligations to your husband.
Your husband's extended relatives cannot dictate terms on you.
You can take legal action against them for any act of harm done by them to you and your children either physically or mentally.
You can issue a legal notice to the people forcing your children to follow the religion of their father alone.
But you may have to mention their religion at the time off getting admitted to school.
So you better plan things accordingly.
You must always remember that your husband is the biological father of your children hence he has equal rights over your children.
If you are not comfortable with the present situation you can decide to live separately with your children
If a fraud was perpetrated upon you and they hid the fact that they were tamilian and other things then divorce can be granted by the court on grounds of fraud and forgery.
You may disown your husband's family in fact the law doesn't consider them to be your immediate family.
