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How to get divorce under special marriage act when boy is not ready
20-Jul-2023 (In Divorce Law)
A Marriage was took place between Muslim boy and Hindu girl at Mosque in 2012. Only for the purpose of marriage she has been converted as Muslim and her name was changed. After marriage, she has continued with her Hindu name only. Also she obtained Adhaar card, Pan card and certificates for Higher qualification etc. on her Hindu name only. She never acted as Muslim after marriage. Because of certain disputes between couple, both are staying separately for the past five years at far away places. Their marriage is not registered under special marriage act. under these circumstances, Whether their marriage is acceptable under Muslim law or special marriage act. Now the girl would like to have divorce from the boy. The boy demands huge money. whether she can get divorce from the boy ? If so kindly advice how she has to proceed for divorce? where she has to file the case? How long it will take?
Yes she has to take divorce from her husband though she has not taken or registered her marriage she had to file a case against her husband in court stating that she is not happy with the married life
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Adv. Akshay Gupta
Hyderabad | 200+ Answers
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Dear,
As the girl was converted to Islam at the time of marriage, she will be considered as Muslim only and she will be governed by muslim personal laws. The marriage is acceptable under Muslim Law. Muslim women in India can get a divorce from their husband through two customary ways- One is through their personal Sharia law through Tafweez and Lian. The other through the statutory provision under Dissolution of Muslim Marriage Act, 1938. However, divorce through personal Sharia law has to be under the scrutiny of Quazi, mostly guided under the regulations of All India Muslims Personal Law Board. Under Dissolution of Muslim Marriage Act, 1938, the girl can file a divorce petition in the family court of jurisdiction where the marriage was solemnized or where the husband and wife last lived together or where the girl is presently staying. The time period in divorce case cannot be predetermined, however, it can take 2-3 years of time.
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Adv. B. Srikiran
Hyderabad | 5+ Answers
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Dear Madam,
Is there any marriage proof? If yes, what is the proof?
Why your girl want divorce now? After 5years, is there any specific reasons or only disputes.
There is a provision for divorce in special marriage Act.
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Adv. Srinivas B
Hyderabad | 25+ Answers
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Hi according to your query you can take divorce from him by filing divorce petition in the court stating that he had deserted you for a continuous period of not less than two years immediately proceeding the presentation of the petition; or he had since the solemnization of the marriage treated you with cruelty. so for further good suggestion you can contact us at any time.
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Adv. Bala Murali
Hyderabad | 200+ Answers
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