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Hindu marriage act or special marriage act?
19-Aug-2023 (In Divorce Law)
Both are hindus. Marriage performed according to Hindu rites but registered using form 16 of special marriage act 4 months later.
If the couple wants to divorce, will it be under HMA or SMA?
As the ceremony of marriage is performed you have to state in petition that the marriage is performed as per Hindu marriage act and due to mistake or ignorance you again entered into registered marriage under special marriage act, hence file petition under Hindu marriage act and ask for divorce under Hindu marriage act and also ask for cancellation of registered marriage under special marriage act.
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Adv. Bharat Narasgouda
Belgaum | 500+ Answers
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Since you've registered your marriage under Special Marriage Act, the same Act shall likely govern the marriage. Hence for divorce also the same Act will be applicable. Need more facts to advise on the applicable provision and law.
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