• Divorce

I belong to a lower middle class family.  My husband (Hindu Bramin from Nepal) and I (Christian from mumbai) got married in a temple on 28th Sept, 1998. I have two kids from him.  He left me & my kids on 5th Dec, 2007 and never turned back.  Since then i have been taking all the responsibilities of my children.  I want to file a divorce, but cannot pay a lawyer as i cannot afford one, but its the question of my children's future.   Please guide me on.  carrying a man's name with me is not as per my will.  Lately came to my knowledge that he got married and settled down in Nepal.  Please mail me on raji_marina@rediffmail.com.
Asked 2 years ago in Family Law from Vasai, Maharashtra
Religion: Christian
1) you can take help of district legal aid centre if you cannot  afford legal fees . 

2) your marriage itself is illegal . your marriage could not have been solemnised under provisions of Hindu marriage act as you were a Christian at time of marriage . 

3) did you convert to Hinduism at time of marriage ?

4)  you should have married under provisions of special marriage act . your marriage is null and void
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0
your marriage is null and void
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1. You could not have married under the Hindu law unless and until you converted to Hinduism. Hence, you marriage is a nullity in the eyes of law. 

2. If you cannot afford the legal fee of a lawyer then apply to District Legal Services Authority for being provided with a lawyer at state expenditure.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
You being a Christian and your husband being a Hindu, both . should have entered into wedlock under special marriage act. However you have married your husband in a temple without converting into hinduism and your marriage could not have been solemnized under Hindu Marriage Act and hence can not be recognised. Contact District Legal Services Authority of your area which will provide you with a lawyer at government expenditure.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
You need to file a case for a decree to declare your marriage as null and void because only hindus can perform their marriages under Hindu marriage act ,1955. You can file case through district legal aid free of cost.
Kousik Ghosh
Advocate, Kolkata
1 Answers
0 Consultations
5.0 on 5.0
Your marriage is null and void having no validity because you did not convert your religion and not married under Special Marriage Act. You may get a lawyer from legal aid.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
you go nullifying your marriage as it is not valid
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
in registration certificate did you mention your religion as Hindu ? if so then only your marriage could have been registered
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0
You have got marriage registration certificate there it must have been mentioned that you and your husband both are Hindus by religion.Getting certificate on wrong information will not make your marriage legal and valid.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1. The second marriage of your husband  before getting the decree of divorce from his first marriage with you is illegal 

2. He can be sent to jail on the charge of bigamy,

3. Contact him at the earliest  If you know his address & tell him that your are going to lodge a police complaint against him with the charge of bigamy if he does not sign a mutual consent divorce petition with you,

4. File that MCD petition before the Court & you shall be free after 6 months thereafter with least possiblre legal expenditure.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
Be informed that registration does not validate the marriage. Unless you converted to Hinduism you could not have performed marriage under Hindu law.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0

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