Can hindu girl take a divorce from a Muslim boy?
Hindu girl wants a divorce from a Muslim boy. the girl is from Nepal. she didn't convert her religion into Muslim . their marriage has been registered from gram panchayat office on 2015.
Since the girl is Hindu and did not convert to Islam, their marriage would not be governed by Muslim personal law. Instead, it may be considered under the Special Marriage Act, 1954 (if applicable in Nepal) or relevant Nepalese laws. If the marriage was registered in a Gram Panchayat in India, its legal validity needs verification. For divorce, she can file a petition under the appropriate civil law citing valid grounds like cruelty, desertion, or incompatibility. Consulting a lawyer familiar with Nepalese and Indian laws is crucial to ensure a smooth legal process and protect her rights effectively.
Under section 28 of Special Marriage Act , divorce may be presented to the district court by both the parties together on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and they have mutually agreed that the marriage should be dissolved. on the motion of both the parties made not earlier than 6 months after the date or the presentation of the petition and not later than 18 months if the petition is not withdrawn in the meantime, the district court shall, on being satisfied , after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized under this Act, and that the averments in the petition are true, a pass a decree declaring the marriage to be dissolved.
yes, you can take divorce under Special Marriage act from your husband if marriage is solemnized and there is no balance between the partners then on the grounds or conditions of divorce one you can have your divorce done.
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need to apply under the special marriage act then
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