Legal Question in Family Law in India

Dear Sir,
A petition for divorce by mutual consent was filed under sec.13B of the Hindu Marriage Act, and on the date of first hearing, the Court pointed out that according to the ruling reported in AIR 2009 at P.1085, the marriage itself was null and void. ( since the Husband is a Christian and the Wife a Hindu ). The marriage was performed in a Hinu Temple according to Hindu rites and customs. In view of the above decision is it advisable to amend the petition to declare the marriage as null and void?

Asked on 7/05/13, 7:09 am

3 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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An appropriate opinion may depend upon consideration of complete facts of the case which are not available in your note. For example, if two persons have lived together for a considerably long time even without any marriage ceremonies, there will be a presumption that the marriage was valid, in terms of a 2013 Madras HC judgement.

It appears from the given facts that you should continue with the mutual divorce petition instead of rushing for amending the same.

Answered on 7/05/13, 7:55 am

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KAMAL GROVER

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Marriage may not have taken place without conversion. So talk to the person who perfromed your marriage.but if it is not like this then go and file case for annulment.

Good Luck.

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Answered on 7/05/13, 9:50 am

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