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Author Topic: How to Register Hindu marriage to a Special Act Marriage in India  (Read 530 times)

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Offline Innovate

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How to Register Hindu marriage to a Special Act Marriage in India
« on: September 16, 2016, 04:45:28 PM »
We both are Hindus married according to Hindu Marriage Act in india. We went to USA immediately after marriage and has been staying in USA till now. Our marriage is not consummated and we have been married for about 3 years. Can I get divorce based on non consummation of marriage in Hindu marriage Act. if not, Is it possible to register hindu marriage act to Special Marriage act and get divorce based on consummation.

How to Register Hindu marriage to a Special Act Marriage in India.Does any one of the Spouse is sufficient enough to register Hindu marriage to a Special Marriage Act.

Offline advjaibansal

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Re: How to Register Hindu marriage to a Special Act Marriage in India
« Reply #1 on: September 17, 2016, 12:43:25 AM »
Dear Sir,

You don't have to register your marriage to get the divorce. Moreover, after three years of marriage you cannot get annulment on the grounds of non consummation of marriage. For registration of marriage both the parties are required, one party of the marriage cannot register the marriage.

If both are ready for divorce then file for divorce on the grounds of mutual consent in the country where you are residing and divorce will be completed immediately. Divorce taken on the grounds of mutual consent is valid across the world.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline Innovate

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Re: How to Register Hindu marriage to a Special Act Marriage in India
« Reply #2 on: September 19, 2016, 09:52:57 AM »
We are married for about 2 years now. So, We stayed together for about 1.5 years and post that we are staying separate. So, We already registered marriage based on hindu Marriage Act. But Annulment due to non consummation needs to be proved according to Hindu marriage Act. So, what proof court will need to annul our marriage in this case?

Offline advjaibansal

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Re: How to Register Hindu marriage to a Special Act Marriage in India
« Reply #3 on: September 20, 2016, 05:13:15 AM »
Dear Sir,

No annulment petition can be filed after one year of marriage. Now you can only option for divorce on the grounds of non consummation of the marriage. If both the parties i.e. husband and wife is ready then file for divorce on the grounds of mutual consent.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline Innovate

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Re: How to Register Hindu marriage to a Special Act Marriage in India
« Reply #4 on: September 23, 2016, 02:24:53 PM »
In California We get Annulment within 4 years of marriage. So our Marriage is less than 3 years. It is eligible for annulment.

So my query is , if I get annulment from California Based on the grounds of Fraud / impotency: FRAUD in the sense that hiding facts from my Spouse that he never had feeling for me and never want to consummate marriage. he Simply married to just do household chores.  Is Annulment granted in California is valid in India.

Offline advjaibansal

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Re: How to Register Hindu marriage to a Special Act Marriage in India
« Reply #5 on: September 25, 2016, 12:38:31 AM »
Dear Ma'am,

As per California law if annulment is permissible then you may file the same.

If your husband contest the same petition and then annulment is granted then the same is valid in india, if he raises objection with regard to jurisdiction of the court and keep on residing in USA during the pendency of the petition then also the annulment is valid.

IF he leaves USA and comes to india raising objection with regard to jurisdiction of the court in California, in such case, the annulment may not be valid in india.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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