Legal Question in Family Law in India

I was married in 2004 under Christian marriage act 1872 since we are gujarati protestant christian, it was an arranged marriage after 3 months we were seperated and took divorced due to incompatibilites we took divorce on stamp paper of 500/- and 50/- and executed with consent and signed by both parties and witnesses and Notarized by a notary in 2005.
After some time i came to know that i should obtain a divorce order from the court and so we approached the girl and her parents but they did not agree to take divorce in court and finally i filed petition in year 2007 under section 10 of the divorce act 1869 on the ground of seperation of more than two years and cruelty by her false criminal cases 498,323,506,294 and Domestic Violence on me and my family during those years out of which high court has quashed 498 on all my family memebers. But in Oct.2011 the family court judge has rejected my petition on the basis of not proving the case and poor petition drafting.

My question is what i should do now? some lawyers telling me to file appeal in High court and some lawyers are saying to file for declaration divorce petition in family court on the basis of customary divorce held in 2005. I have also a query regarding passport bcuz when i was married at that time i obtained my passport as a married and when i went to passport office after customary divorce to remove wife's name then the officer told me to bring divorce decree from the court. So my another question is if i am granted divorce declaration whether the passport office will consider it to remove x-wife name.Thank you so much.

Asked on 11/08/11, 4:43 am

2 Answers from Attorneys

Anil Kumar Sharma JurisTree

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Christian Divorce is difficult than the Hindu Divorce as the former has to be confirmed by the High Court also. You have the option to start fresh proceedings based on Indian Divorce Act which are available to the Indian Christians. Engage some good advocate and draft petition afresh mentioning therein the earlier customary divorce settlement arrived at between the parties and the quashing of criminal proceedings to prove cruelty and separation.

Answered on 11/08/11, 4:53 am

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