My husband, a widower with children, and I, a widow, remarried in 2014 after meeting in Jaipur. We both have government jobs and are from the city. Our Arya Samaj marriage took place on April 8, 2014. During the process, my husband asked me to list myself as a widow on our paperwork. We are now seeking a mutual divorce, but I recently learned his family is actually from the Saini caste. His late wife and all his relatives are also Saini. Can I take legal action for this deception?

Apni Law
Apni Law
Law Forum › Category: Divorce › My husband, a widower with children, and I, a widow, remarried in 2014 after meeting in Jaipur. We both have government jobs and are from the city. Our Arya Samaj marriage took place on April 8, 2014. During the process, my husband asked me to list myself as a widow on our paperwork. We are now seeking a mutual divorce, but I recently learned his family is actually from the Saini caste. His late wife and all his relatives are also Saini. Can I take legal action for this deception?
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Apni Law Staff asked 7 months ago

My husband, a widower with children, and I, a widow, remarried in 2014 after meeting in Jaipur. We both have government jobs and are from the city. Our Arya Samaj marriage took place on April 8, 2014. During the process, my husband asked me to list myself as a widow on our paperwork. We are now seeking a mutual divorce, but I recently learned his family is actually from the Saini caste. His late wife and all his relatives are also Saini. Can I take legal action for this deception?

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Best Answer

Apni Law Staff answered 7 months ago

While your husband’s request to list you as a widow might be seen as deception, Indian law does not recognize caste as a ground for divorce. Your Arya Samaj marriage is valid under the Special Marriage Act, and your divorce will proceed based on mutual consent, regardless of your husband’s caste.

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