Divorce

Question

► I am a Muslim women. And I married to a Hindu man.until now My family not accepted me. It's been 6 years of marriage. Our marriage is not legally registered. We done marriage in a temple with his culture followed .I have kid. After marriage he is stop going to job. He doesn't want to work. All he wanted sit in home and look after the baby. It's been two years 8 took my kid. I am staying away from him. He is giving my number all person in the village and all are try to calling me and my family members. I want divorce and child Custody. I went to Saudi arabia for 1 year and 8 came for my child so that I can be with my boy. He want only money and sex. He doesn't want to go for work. How I will get divorce

Answer 1

Dear Madam,

Your marriage is still legally valid in India under the Special Marriage Act (SMA) IF it was performed with your free consent and witnessed.

BUT since the marriage was not registered under SMA, legally it is treated as a customary marriage, which the court will still consider valid if you can show proof such as:

Photos of the temple marriage

Priest witness

Any invitations / messages from that time

Social media posts

Statements of witnesses

Answer 2

Registration or non registration of marriage neither give any validation to a marriage nor non registration invalidate a marriage. Your marriage is legal and it is covered under special marriage Act. You can file divorce case under Special marriage Act and can also claim maintenance etc. from husband etc.

Divorce

2 Answers