Wednesday, December 14, 2011

I am married to a english woman thinking about seprating, what is the rules for divorce?

Now let me make one thing very clear here that Shudi karan ceremony is usually conducted by Arya Samaj Mandir. There exist a proper procedure for this wherein, the person who wants to change his or her religion to Hinduism has to give an Application witnessed by at least two witnesses & an Affidavit duly signed & attested by the Notary Public wherein this person has to give on oath his free consent for this conversion ceremony. On the basis of this paper work, the Priest of the Arya Samaj Mandir performs the Shudi Karan ceremonies wherein a proper Havan is performed & samagri offered to the holy fire by the person being converted, he take oath to follow the arya Hindu religion & take a Hindu name replacing his or her non-Hindu name. All these ceremonies end with distribution of sweet in the form of Parshad to all present during this conversion ceremony. A proper, numbered Conversion certificate is issued which is duly signed by the person getting converted as well the Secretary of the Arya Samaj Mandir where this conversion ceremony was performed. A copy of this certificate is kept with the Arya Samaj Mandir. All the record concerning the conversion ceremony can always be summoned by any one to proof actual conversion ceremony of the person to Hindu Religion. See why I tell all this to you & all other readers because the fact marriage between Hindu & non Hindu person is usually performed according to Hindu rites & ceremonies but the very fact of the conversion ceremonies usually lack in most of cases. Even when such Hindu marriage take place between a Hindu & converted Hindu, at the time of Registration of such marriage under the Hindu Marriage Act,1955 the Registrar of Marriages always want a copy of the conversion certificate to be satisfied about the legality of the Hindu Marriage. Even if there exist any dispute between the parties, when both or either of them move the District Court for the legal redressal the very first thing which is asked is the proof of valid marriage, now when it comes to proof of valid marriage a marriage certificate from the Registrar of Marriages has to be placed on the record of the case & to be verified by calling the record of the registrar of marriages if the court so desires. The court will always like to doubly verify the actual conversion ceremony in the marriage between Hindu & converted Hindu & for that reason the proper conversion ceremony which is recorded by the Arya Samaj Mandir is the best proof of the conversion to Hindu religion. Now see there are not one district judge who handles all Hindu marriage disputes in India but thousands of them & each District judge has different way to handle all these issues which I have discussed above. The best way to prove ones valid marriage is to produce a proper marriage certificate issued by the Registrar of Marriages & if need be summon all the record regarding the registration of the marriage, in case of Hindu & converted Hindu Marriage a proper proof of conversion by placing on record a copy of conversion certified & if need be to summon the whole of conversion record from the Arya Samaj Mandir. In your case neither there exist a proper record of the conversion of this lady whom you got married according to Hindu form of marriage, nor there exist any proof of the marriage as this is not registered by the registrar of marriages. In your case the statement of the priest with regard to the conversion of this lady to Hindu religion as you presume took place & then performance of complete valid Hindu marriage ceremonies between both of you, witnesses who were present during conversion ceremony & marriage, photographs showing conversion ceremony & marriage may be considered by the court but will that actually satisfy the district judge that actually there was a valid conversion ceremony to Hindu religion done & was the marriage between both of you performed according to rites & customs of either of you to be called valid Hindu marriage is a issue of doubt. The very fact in your case the conversion of this lady to Hinduism seems most probably not done properly the validity of your marriage is doubtful. Rather I would suggest you too deny the fact of her being actually converted to Hindu religion & your Hindu marriage with her as void abnito. Once you deny a valid marriage with her, she won't be able to get ANY legal relief under the Hindu Marriage Act, 1955 as the very first issue with regard to her conversion to Hindu religion will not be possible for her proof with sufficient evidence in the court, no conversion proof, means no marriage, no marriage means no divorce & no monetary relief for her or you under this Act, she goes to her home empty handed & you remain here teaching fresh lady students Art of Yoga. Contact me directly on my email vijay_mahajan5758@yahoo.co.in

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