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Wedding » Matrimonial-laws » Arya-samaj-wedding-071211
 
Are Arya Samaj  Weddings Valid?

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.

Marriage & Separation

Shery asks,
I am a Hindu female married to a Catholic in 2004 under Arya Samaj Act. We are not compatible and in between we even separated for 8 months but I came back to him due to family pressure and false promises. During those 8 months I met a man who is an American citizen and we want to marry but my husband is not ready for the divorce and he tortures me. Can I get married without the divorce and move to US? Here we haven't registered our marriage and none of us converted to each other's religion. Kindly help.
Dear Shery,

As per the limited facts narrated by you, since you have married as per the Arya Samaj Act, You cannot remarry without seeking divorce from your present husband.

Hope this should suffice your query in brief.

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Muslim Law

Vikrant Deshpande asks,
The married couple is Muslim by religion. Their jamat priest issued a marriage certiifcate and also the marriage is registered under Maharashtra regulation of marriage bureaus and registration act 1998.
I want to know under what law they shall get divorced? Under Muslim law or Special Marriage Act 1954?
Dear Vikrant Deshpande,

As per the facts and information narrated by you, for initiation of legal process for obtaining divorce, the parties shall be governed under the legislation under which they have first got their marriage solemnized and / or registered. If the parties have got married as per their personal law, then the legal processes will have to be invoked as per their personal laws. You may consult an expert divorce lawyer for further compliances and clarifications if any.

Hope this should suffice your query in brief.

Ex-Marital Relationship

Priya asks,
I am re-marrying and my would be is also a divorcee with two kids whereas I do not have children. I would like to know:
  1. What will be the inheritance rights of his kids and his ex-wife from his first marriage?
  2. What would be my and my future child's rights in my husband's inheritance?
Dear Priya,

Since you have mentioned that presently you do not have any children your concern is pertaining to the proposed rights for your to be children. You may keep in mind that your children shall enjoy equal rights as per law along with your husband's children.
Please note that the information provided by you is incomplete regards several other issues which one will have to check, one will also have to see your husband's arrangements with his ex-wife and check if there are any pending or prevailing previous court orders. You may consult an expert family lawyer for any further detailed clarifications on any issue if required.

Hope this should suffice your query in brief.
 

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