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Procedure to file a case for marriage under special marriage act


18-Jun-2023 (In Divorce Law)
My female friend who was hindu before marriage an now a muslim has married under special mariage act my question is she has filed forone sided divorce against her husband after repeatedly telling him for mutual divorce as she does not want to continue with her marriage she has also confessed about her relation with me n she wants to marry to her husband but he is not ready to give divorce instead he is threatening her that he will file a case against her and me on grounds of adultery so what are the possibilities he can file a case on us as he is not ready to give divorce after knowing evrything
Answers (3)

Answer #1
958 votes
He can file a criminal complaint against you for adultery not against her. He can use adultery against her as a ground for Divorce which at the moment he does't want and as reason not to pay maintenance .
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Answer #2
966 votes
This is my response to you:
1. Adultery is very difficult to prove in court if there is no concrete evidence;
2. Ask her to expedite the process of divorce;
3. Then she has to wait a certain period as is required under muslim law;
4. After that she can remarry you.
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Answer #3
629 votes
Yes, the aggrieved person can file a case of adultery against you. Your friend can file for divorce under the grounds provided by special marriage act. For detailed advice and any further clarification kindly book a consultancy call.
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