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Can i being a christian file for divorce under Special Marriage Act
19-Nov-2023 (In Divorce Law)
hi i m a christian lady of 35 yrs , my marriage was done as per christian rituals , now i want divorce from my husband due to bad behaviour we are living separetly since 3 yrs. can i get divorce as per special marriage act.
No, you can't file divorce case under special marriage act as your marriage was not done in that act, there is different act for divorce, I have already filed divorce case of my clients and divorce decree done under same situation. Contact me for further information
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Adv. Shashi Chaturvedi
Thane | 100+ Answers
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Dear Querist,
You can file for divorce on the grounds on the grounds of cruelty. You can get marriage under Special Marriage Act only if your marriage was registered as per the provisons of the Special Marriage Act. Divorce for Indian Christians is governed by the Indian Divorce Act with few exceptions depending in which part of India the marriage was solemmized and the place where the couple resides and also whether the Couple is Roman Catholic, Orthodox or Protestant. Do also give a thought to the following : Where was your marriage solemmized i.e which part of India ? If your marriage was solemnized in Goa then it is governed by the Goa Civil Code. Has your husband left the matrimonial home and desserted you for more than 2 years or are you both living seperately on mutual terms ?
Laws relating to Divorce of Chirstian may vary depending on the applicability of personal laws in Goa, Tamil Nadu, Kerala.
You can file for divorce on the grounds on the grounds of cruelty. You can get marriage under Special Marriage Act only if your marriage was registered as per the provisons of the Special Marriage Act. Divorce for Indian Christians is governed by the Indian Divorce Act with few exceptions depending in which part of India the marriage was solemmized and the place where the couple resides and also whether the Couple is Roman Catholic, Orthodox or Protestant. Do also give a thought to the following : Where was your marriage solemmized i.e which part of India ? If your marriage was solemnized in Goa then it is governed by the Goa Civil Code. Has your husband left the matrimonial home and desserted you for more than 2 years or are you both living seperately on mutual terms ?
Laws relating to Divorce of Chirstian may vary depending on the applicability of personal laws in Goa, Tamil Nadu, Kerala.
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Adv. Abhiraaj Sanjeev Kulkarni
Pune | 25+ Answers
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hello, we have been through your query and i think yes you can file for divorce under special marraige act and also you can file mutual consent divorce under sec 13b of divorce act whereby ther divorce decree will be passed in only 6 months!
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Adv. Darshan Subhash Oswal
Pune | 100+ Answers
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