Husband and Wife are Hindus from India. Their marriage was performed as per Christian tradition.?

Question

Now husband has converted to Islam.
As per which religious tradition (Hindu, Christianity, Islam) they should approach for divorce?

Additional Details

Who will get the custody of the children?

Is there a time limit to file for annulment of marriage before the court?

Answer 1

Best Answer - Chosen by Voters

You state that both the parties’ man & woman were Hindus by religion & never converted to Christianity however they went through Christian Marriage ceremonies, now husband has converted to Islam & now they want divorce. They need not go through any sort of divorce proceedings in any Indian Family Court according to any of religious (Hindu, Christian, Islam) matrimonial law as they NEVER got legally married & their Christian Marriage was not legal & valid in the eye of law. Although they lived as husband & wife after going through a Christian Marriage but to be very frank from the legal point of view they were not at all legally married. Yes if any of them were Christian by religion then this Christian form of marriage could be said to be valid under the Christian Marriage Act, 1872. Any such Christian Marriage is not at all valid between two Hindus under the Hindu Marriage Act, 1955 as under this Act the Hindus can marry only according to any of the Hindu ceremonies in accordance with the customary rites and ceremonies of either party thereto.
In this case this Christian Marriage Ceremonies were neither customary rites nor ceremonies of either of the parties. The decree of divorce or dissolution of any marriage can take place only in case of legal & valid marriage not in case of illegal or void marriages as in this case. This the correct Indian legal position in this case.

Source(s):

I am a Lawyer.

Answer 2

It's their decision.

Its up to if they love each other or not