Apni Law Staff asked 3 years ago
My husband and I, a Christian and a Hindu, had an Arya Samaj temple marriage, but it wasn’t legally registered. We have a 7-year-old son. Unfortunately, things haven’t worked out between us, and his family has never accepted me. We’re now heading towards divorce, and our son is with me. I’m able to provide for him, earning more than my husband. I don’t want any financial support from him, just custody of our son. He struggles with drinking and smoking, and I’m concerned about his influence. I’m worried about going through a divorce, but I need to know what the legal outcome might be.
Best Answer
Apni Law Staff answered 3 years ago
In India, an unregistered Arya Samaj marriage is not legally valid. This means your marriage is not recognized by the law, impacting your son’s legal status and your rights in a divorce. You can file for divorce under the Hindu Marriage Act, but the court will likely consider the child’s best interests, including your ability to provide for him and your husband’s influence, in determining custody.
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