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both husband and wife got married in a Hindu temple as per Hindu law later they both converted to Christianity now after 30 years husband files a divorce against wife in Christian marriage act will it b allowed

21-Mar-2023
Divorce

Answer By law4u team

both husband and wife got married in a Hindu temple as per Hindu law later they both converted to Christianity now after 30 years husband files a divorce against wife in Christian marriage act will it b allowed? If both the husband and wife got married in a Hindu temple as per Hindu law and later converted to Christianity, then their marriage is considered valid and recognized under the Hindu Marriage Act, 1955. If the husband now wants to file for divorce, he can do so under the provisions of the Indian Divorce Act, 1869 which applies to Christians. The Indian Divorce Act allows Christians to seek divorce on the grounds of adultery, cruelty, desertion, conversion to another religion, unsoundness of mind, and others, subject to certain conditions. In this case, the husband's conversion to Christianity does not automatically nullify his marriage under the Hindu Marriage Act, 1955. However, if the husband can prove that his wife has committed adultery, treated him with cruelty or deserted him, he may be able to obtain a divorce under the Indian Divorce Act, 1869. It is important to note that each case is unique, and the outcome of the divorce proceedings will depend on the specific facts and circumstances of the case, as well as the evidence presented by the parties. Therefore, it is advisable for the husband to consult with a qualified lawyer who specializes in family law to obtain legal advice and guidance on how to proceed with the divorce petition.

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