divorce and child visitation
3 years ago
I was a Muslim when I got married having 2 kids (sons) from the beginning we had so many misunderstanding and she is living with her parents. My father is a Hindu and mother Muslim my sisters are married to Hindu families, over the years I got involved with Hinduism and last year got converted .Now I want to get divorce so my confusion is should I go to jamaat or to court and what about my visitation rights of my kids. please guide me.
Kalpana C
Responded 3 years ago
A.File a divorce case as a Hindu and file GWOP for custody of child
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
Under the Hindu Marriage Act, Under Section 13, Hindu Marriage Act,1955, There are available much grounds of divorce on which both husband and wife can file a divorce petition. the basic grounds on which the Hindu women can seek the remedy of divorce are Adultery, Desertion, Conversion, Leprosy, Cruelty etc. The Hindu married women can also apply for the maintenance under section 125 of the Criminal procedure code. you can go to a court incase you have a confusion regarding your religion. You can get divorce under the HM Act and ask the visiting rights from the court.
Also, court may pass a visitation order in favor of the noncustodial parent, establishing the visiting time and place. The main consideration for awarding visitation rights must be that it is awarded for the welfare of the child and that the non-custodial parent is very close to the child.
Under the Hindu Marriage Act, Under Section 13, Hindu Marriage Act,1955, There are available much grounds of divorce on which both husband and wife can file a divorce petition. the basic grounds on which the Hindu women can seek the remedy of divorce are Adultery, Desertion, Conversion, Leprosy, Cruelty etc. The Hindu married women can also apply for the maintenance under section 125 of the Criminal procedure code. you can go to a court incase you have a confusion regarding your religion. You can get divorce under the HM Act and ask the visiting rights from the court.
Also, court may pass a visitation order in favor of the noncustodial parent, establishing the visiting time and place. The main consideration for awarding visitation rights must be that it is awarded for the welfare of the child and that the non-custodial parent is very close to the child.
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A.Hi,
you can go to a court incase you have a confusion regarding your religion. You can get divorce under the HM Act and ask the visiting rights from the court.
Also, court may pass a visitation order in favour of the noncustodial parent, establishing the visiting time and place. The main consideration for awarding visitation rights must be that it is awarded for the welfare of the child and that the non-custodial parent is very close to the child.
you can go to a court incase you have a confusion regarding your religion. You can get divorce under the HM Act and ask the visiting rights from the court.
Also, court may pass a visitation order in favour of the noncustodial parent, establishing the visiting time and place. The main consideration for awarding visitation rights must be that it is awarded for the welfare of the child and that the non-custodial parent is very close to the child.
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Ankur Goel @ Complete Law Shield
Responded 3 years ago
A.divorce follow marriage.
conversion does not affect marriage+Divorce.
Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield)
#YourLifeYourChoice
conversion does not affect marriage+Divorce.
Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield)
#YourLifeYourChoice
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Pradeep Naik
Responded 3 years ago
A.Divorce procedure shall be decided by the way you performed your marriage and with whom. For visitation rights you should go to court.
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RAJEEV VADRALI
Responded 3 years ago
A.you have to approach the court for divorce. You can also seek for the custody of the child by filing a case under guardian and wardship act
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