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Divorce under special marriage act
23-May-2023 (In Divorce Law)
I am a Hindu married to a Muslim guy under special marriage act in 2014. Before getting married we had discussed I will not convert and will live our lives as before. But his parents wanted a Nikah, so for the ceremeony they changed my name and the moulvi made me say some things which apparently is conversion. My husband says that is not how a conversion is done in Islam and is only a formality for the nikah. We later got marriage registered in original names. But that day onwards, it is assumed in the husband's home that I have given up Hinduism. In his home I have to act like a muslim. And everywhere else we can be secular. In this process of living a dual life, I had to wear burkha while visiting his hometown. After expressing my utter hatred for the garment or to cover my head, after many many discussions, now i don't cover my head. Im 6 months pregnant, my husband said he regrets marrying me. He said that many times in the past too. What options do i have. I cannot take it.
First of all you have to decide in which manner you wants divorce. If you and your wife both are agrees to divorce in mutual consent then you have to file a petition under section 28 subsection 1 of special Marriage Act. If not then you can file ex Parte divorce petition before the district court.
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Adv. Tanchan
Chandrokona | 25+ Answers
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divorce if you to getaway from the duel life or you can adjust with the environment taking all responsibility. Under cruelty you can go for divorce. Please do mention from where you hails from and which jurisdictions your registration of marriage and place of cohabitation to determine the jurisdictions of the family court.. For more details contact me
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Adv. Varghese Salvan PS
Bangalore | 25+ Answers
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It is apparent from the discourse that you have presented that the Marriage was registered under the Special Marriage Act. In cases wherein the problems can be fixed, mediation and marriage counselling should be undergone in order to rectify the misunderstandings. In such a case when there is no longer harmony and happiness in the Marriage, the husband and wife can mutually agree to end the Marriage by applying for Mutual Divorce. Alternatively when one of the parties is not amiable to the prospect of Mutually Divorcing the other there can be Divorce petition filed on the grounds of misrepresentation and loss of love and affection. Hope this helps.
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Adv. Chandra Mohan K
Bangalore | 25+ Answers
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Since your marriage is registered under special marriage act if you feel marriage is not working out you can apply for divorce under Section 10 of special marriage act under ground of cruelty. If he's not taking good care you can claim for maintenance.Contact me for further questions.
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Adv. Swarnarka Chowdhury
Mysore | 400+ Answers
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this type of situation your stand is very important to us you have to decide what you want to continue with have life , my be your marriages happened intercast marriage then you have to decide you want continues with her life are not then you can come to helping you legal
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Adv. Shankar Bandi
Bangalore | 400+ Answers
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Hello,
I have been through your query but for answering you in a better way I need a few more details. Some key details are missing in the query and as such its not possible to guide you in a legal manner.
Regards,
Shayan
I have been through your query but for answering you in a better way I need a few more details. Some key details are missing in the query and as such its not possible to guide you in a legal manner.
Regards,
Shayan
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Adv. Shayan Sachin Basu
Kolkata | 200+ Answers
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you can definitely write the actual story and apply for null and void instead of going for divorce. sections of the special marriage Act gives you ground which clearly says no conjugal relationship is a ground for null and void of marriage. you can file petition.
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Adv. Monima Khan
Kolkata | 100+ Answers
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yes you can but get it done through a friend as executing personal matters gets a bit tougher two brains can really work well and more so if you discuss details then we can turn this to null and void and then you can proceed accordingly
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Adv. Aveek Bose
Kolkata | 500+ Answers
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