No, this cannot be the ground.
Wife changes religion after marriage
I got married in April 2018. My wife and her family were Hindus before the marriage. She got converted to Christianity in July 2017 because I told her the marriage isn't happening without the conversion. It is a love marriage. After wedding, we lived with our family for a year in Coimbatore during which I didn't see any signs in her. She used to come to church with me. However, after we went separately, I saw a few changes. She was pregnant then. Because I had a strained relationship with her family and because I thought her going to her Mom's for labor will tempt her to switch religions, which will ultimately affect the baby, I didn't want her to go. Without my willingness and permission, she went to her Mom's. I didn't go to see her out of anger. However, she had posted baby shower pictures on her social networking account. She was seen having kumkum on her forehead. As CSI Christians, we never use kumkum, and this is a clear violation of her religious promises she gave at the church during her baptism. During baby shower, we only use rose water and sandal paste. I also found small boxes of turmeric and kumkum in my cupboard, which I checked after she left to her Mom's, which made me come to a conclusion that she had been using all those after I left to office when we came out separately. I haven't spoken to her at all after that. The baby was born in February this year. I didn't go visit the baby as well because I noticed a few religious symbols like some religious threads tied around his hand. I would like to know if these could be reasons for me to approach the court for dissolution of marriage because she has converted back to her religion. If yes, is their a cool off period or a minimum time frame for us to live separately before I approach the judiciary? I have already lived away from her for 10 months now. Thank you.
Asked 5 years ago in Family Law
Religion: Christian
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20 Answers
You can file your contested divorce on this ground but being a citizen she has free will/constitutional right to change her religion and faith. Only on this ground the divorce is not possible.
After expiry of one year from the date of marriage you can file a suit for dissolution of marriage.
The instances of mental cruelty which varies from case to case is a good ground of divorce which though required to be proved in court to get decree of divorce.
Since there is child its prudent to first resolve the dispute amicably si the child can get love and affection of both parents.
If it fails then only think of divorce.
Good luck.
You can file for divorce as this is a ground for divorce as mentioned in the law. Change of religion or adhering to practices of other religions is a ground for divorce.
Desertion also is a ground for divorce. But you have to wait too long for that.
You can file a divorce petition now.
If you have concrete proof and substantial evidence to prove that she converted to the other religion, then you can file a contested divorce case on the same grounds.
But the burden of proof shall be on you to prove it, because if she denies to having converted her religion you cannot prove your allegations.
Your divorce case may be dismissed.
There's no cooling of period for filing divorce case since your marriage is over two years period.
Thank you all for your responses. T. Kalaiselvan sir, this is for you. If a religion doesn't practice a form of practice and if she is found practicing it, for example, wearing a bindhi or tying religious ropes around the hand, do I need more explicit evidence to prove my case? If so, what is it do you think the court is looking out for? I consider the marriage to be beyond repair when she started doing all these to her and the kid. What do I need to submit as proof to the court of law? In addition, what happens as far as alimony, child support, and child custody are concerned because I am the aggrieved one? Thank you so much in advance.
Asked 5 years ago
You have to prove that she has abandoned your religion. That would be sufficient for divorce. She is not entitled to maintenance and alimony if she is guilty.
This cannot be the ground.
You can claim child custody from her in aforesaid circumstances.
There is no evidence of your wife converting her religion
2) you should not file for divorce on said ground
3) you can file for divorce on grounds of cruelty
4) wife refusing to stay with husband amounts to mental cruelty and is ground for divorce
Mere wearing bindi or tying religious ropes does not mean she has converted into Hinduism
2) wearing bindi is fashion and not ground for dissolution of marriage
3) you would be liable to pay alimony to wife and child support
4) you would not be awarded child custody
No worries.
You may apply for divorce under section 10 of Indian Divorce Act 2001 as amended upto date with Indian Christian Marriage Act 1872.
Change of religion and desertion for two years will be the ground for divorce before court of law.
This is not a ground for divorce. Under Indian Divorce Act which applies to Christians, the only ground on which husband can file a petition for dissolution of marriage is the adultery of his wife. Wife alone can file a petition for dissolution of marriage on the ground that her husband has converted from Christianity.
You first understand the following
Divorce is a different subject and the child custody alimony and child support are different subjects.
They are not tried as single subject in the court.
For divorce you may have to prove that she has converted herself to the other religion.
How can you prove that if she's appearing before court without adorning bindi on her forehead or flowers in her head and denies alleged conversion.
The infant child would not be brought to court, how will you establish your concept that the child is wearing any holy thread in its hands.
The child custody case will be tried separately by filing a separate case seeking child custody.
Similarly she has to file a petition seeking maintenance and alimony separately.
Therefore you may discuss all the subjects properly with a lawyer and proceed as suggested.
In India there is no such conversion of religion law made by government.
Its a person wish as per the Indian Constitution, How to live and its his/her rights towards Life. Those rights are given in the Fundamental rights.
Article 21 of the Constitution of India, 1950 provides that, “No person shall be deprived of his life or personal liberty except according to procedure established by law.”
Is she inclined to separate?
Regards
G.Rajaganapathy
High Court of Madras
You can obtain diovrce on the ground of change in religion. Proselytism is the act or fact of religious conversion, and it also includes actions which invite such conversion. No conversion certificate require to prove Proselytism .
You have only one option i.e contested divorce on ground of creulty.
- As per law, Conversion by one spouse to another religion is a valid ground for the other spouse to file a Divorce petition.
- Hence, you can file a divorce petition before court on this ground .
- As per Kernataka High Court , in the case of Suresh Babu v/s V.P. Leela, AIR 2007 (NOC) 285 (Ker) (DB)., , Merely giving a spouse permission to convert does not take away their right to seek divorce from the converted spouse as has been held
- Further you can also take divorce under mutual ground under Section 10 A (1) of the Divorce Act, which lays down that a Christian person can file petition for dissolution of marriage by mutual consent can be presented before a court only after a judicial separation of two years.
1. No practicing some rituals of previous religion doesn't amount to change of religion and dissolution of marriage will not be possible on above said grounds.
2. You need to pay alimony and maintenance for your child in case you want to go for divorce.
- As per the information mentioned in the present query, makes it clear that the promise on which your marriage was solemnised, has now been ruined by her because of her acts.
- I would like to apprise you that you need not to have any further evidence to show that she has been practising other religion as in Hindu religion, wearing all these and applying KumKum is the most solid evidence, nothing more in it requires.
- Yes, you can approach the court of law for divorce on various grounds and too for the child custody, but yes the custody issue need to be discussed in more details over various relevant factors.
