Sunday, January 29, 2012

Can an unregistered inter-caste marriage get dissolved in India?

My friend in India, a Hindu aged 50years had married a Christian lady 25years ago and have one child. They are planned to separate. They have neither registered the marriage under Special Marriage Act, nor followed any customs of religious marriages. How can they get divorced? Can the husband start unilateral divorce proceedings? Which law would be applicable for them?



I humbly request Adv.Vijay Mahajan to help me.Can an unregistered inter-caste marriage get dissolved in India?To dissolve any marriage by decree of divorce issued by a Competent Court the very first condition is that, there exist a VALID marriage between the parties.



A Hindu man and Christian woman can have VALID marriage if they married under the Special Marriage Act,1954 the marriage dully registered under the Act.



OR, the Christian woman first converted to Hindu religion by Shudhikaran ceremony and than she married with Hindu man according to Hindu form of marriage, than this marriage will be Valid under the Hindu Marriage Act,1955 irrespective of if it got registered under this Act or any other Act.



OR, the Christian woman married a Hindu man according to Christian form of marriage in India, agreed by the Christian Pastor/Priest to conduct such marriage (usually neither the Christian Pastor nor Parish allows such inter-religion marriage and conversion of Hindu person to Christianity by Baptism is first condition required for such Christian Marriage), than such marriage will be Valid under the Christian Marriage Act,1872.



In the present case there was no marriage between the parties under the Special Marriage Act,1954 nor there was any religious marriage as discussed above, in this case, even though they both were living together as husband and wife for long period of time, dully recognised so by the society, had documents such as ration card, voter's identity card, passport, census record stating them as husband and wife, birth certificate of their children stating them as father and mother of the children, school/college/university record of the children stating them as father and mother of the children, all and every record in governmental or semi-governmental or private organisation stating them as husband and wife etc, still for the purpose of obtaining decree of divorce they will not be eligible as they never had VALID marriage that could be dissolved by decree of divorce.



Any Family Judge or other Judge issuing decree of divorce to dissolve their marriage which never ever existed, rather their marriage was VOID AB NITO will be doing wrongful act.

Legally they are not at all married even for the whole world they are married couple.



Sorry for all those who had done the same sometime in their life and continue living on the presumption that they are legally valid couples with legitimate children born to them.Can an unregistered inter-caste marriage get dissolved in India?Your friend is NOT married as per law.

No marriage = No divorceCan an unregistered inter-caste marriage get dissolved in India?IDK. I live in AmericaCan an unregistered inter-caste marriage get dissolved in India?
She should just leave his backwards a$$.

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