• Divorce/Foreign Marriage

I am writing on behalf of my friend. She got married in India at a very young age under the Hindu marriage act. However, she is a US citizen. My question is her marriage valid since she is a foreigner and the marriage was under the Hindu marriage act? Her then husband had gotten her converted to Hindu from Christianity before marriage.
Asked 3 years ago in Family Law
Religion: Christian

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8 Answers

Since your friend got converted into Hinduism before marriage the marriage could have been solemnised under provisions of Hindu marriage act 

 

for valid Hindu marriage it is necessary that both parties are Hi dus 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

If she was converted to Christianity before marriage but got married under Hindu marriage act, then that marriage is invalid.

Besides being a foreigner, her marriage should have been registered under special marriage act hence the marriage is not valid on that count also.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Her marriage is very much valid. But she can get the marriage dissolved by Indian Court without coming to India. She can also get the marriage dissolved in U.S. 

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

Marriage is valid for all purpose till not dissolved by competent court.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

As your friend was married in India under the HM Act to a person converted to Hinduism from Christianity at the time of marriage, it is perfectly valid and legal. Her becoming a US citizen later shall not alter the situation.

Swaminathan Neelakantan
Advocate, Coimbatore
3088 Answers
20 Consultations

- If this marriage was solemnized when she was not attained the majority , then this marriage can be declared as null and void by the court. 

- Further, if at the time of conversion her consent was not there and under his influence she adopt the Hindu religion then this marriage having no value in the eye of law. 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

Under Indian law, a marriage solemnized under the Hindu Marriage Act is a valid marriage regardless of the nationality of the parties to the marriage. Therefore, if your friend was married under the Hindu Marriage Act, her marriage would be considered valid in India.

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

Both should be Hindu and Indian citizens. Her marriage will not be valid if not registered in india. She should have opted for special marriage Act in above facts 

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

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