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Laws Concerning Indian Marriage

Siddhartha Shah Siddhartha Shah
A practicing advocate of Mumbai High Court. He specialises in Civil, Criminal, International and Matrimonial Laws. He opines on Indian Laws and the Legal System. Have a question? Click here...

Matrimonial Forum

Gazal asks,
Is there any way that I can delay the divorce proceedings? Actually my husband is forcing me for divorce. My husband is a USA citizen and I am an Indian citizen (conditional permanent resident). I got married in India and now residing in California.
Dear Gazal,

As regards to your query and as per the facts narrated by you: Firstly your husband ought to have a valid reason and strong ground to initiate legal process for divorce. You can definitely defend or refuse to submit to the contentions as alleged by your husband and even initiate process for restitution of your conjugal rights by disagreeing to the allegations as spelt out before the "Honourable Court". You can definitely defend your case and can put across your stand before the appropriate Matrimonial Forum by taking out necessary applications negating the allegations as made by your husband. Hope this should suffice your query in brief. You must consult an expert divorce lawyer for appropriate further clarifications and systematic legal compliances.

Hope this should suffice your query in brief.

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Special / Hindu Marriage Act

BG asks,
What is the difference between Special Marriage Act and Hindu Marriage Act from the view point of a boy and girl who are above 25, self earners, citizens of India, Hindu but do not belonging to same caste?
Dear BG,

The Hindu Marriage Act, 1955 applies only to persons professing Hindu religion whereas the Special Marriage Act applies to persons belonging to two different castes and / or religions.

Hope this should suffice your query in brief.

My Wife Doubts My Character

Sanjeev Gautam asks,
I am married since 5 years. My wife is 12th failed. I am self-employed and a computer teacher by profession. My problem is that my wife doesn’t believe me. She complains that I don’t love her and doubts my character. She interferes in my business matters too. Her family is not that educated to understand my problems nor do they intend to help me to overcome this problem and make their daughter understand. Please help me and legally advise me to get rid of this dilemma.
Dear Sanjeev Gautam,

This is with regards to your query: Firstly, you need to take your wife to a marriage counsellor wherein you could sort out your personal issues and get moving with your married life or else you have an option of initiating legal process for sorting out things legally by filing petition for obtaining judicial separation or else divorce from your wife. You need to consult an expert family / divorce lawyer for further compliances.

Hope this should suffice your query in brief.
 

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