Process of divorce for marriage under special marriage act

867 votes

You can firstly try to settle matter between you and your husband. If matter is your beyond control then you can file complaint in near police station and also apply to legal aid office in your jurisdictional area for proper guidance and tell your story in detail to them. You can

Advocate Deepika Ram Mahatkar LawRato

587 votes

Dear client,as per special marriage act just like as Hindu marriage act section 13( a) you can file petion for the divorce,but you have to mantaly following answers must be considered in your mind 1 aftre the born of baby your husband harassing you and your family,2 as your marriage is inter religious it might be not digested by both of parents and if born child is again daughter hence as per our socity"s old traditions for few days they may harrase you but I suggest you take it easy,for your future at present your father and mother once again protect you as they may think our child returning in our religion which may be their timebeing slightly selfish motive but for long running of your life and your daughters life you think for a while,after seperation for a period of three years you may definatly get the divorce,but as your husband is not willing then it will take more time,as well as you are asking for divorce hense you are loosing the chance of maintenace of you and your child,after 5 years of age of daughter he can ask for custody of the child whether you can sustain this shock at that time,after all these are practically I have seen,but it is definetly true when any body takes such a decision,he already imagined about it.as per section 498A of the Indian penal code you can file a case against your husband and family members for the domestic voilance which will be shortest root to take a divorce,I have kept all the ways with you,even if you requires further help I will always be with you,wishing you and baby bright future, please rate me if you like my legal advice,by your ratings I will get the reflections really my advice is good or bad. thanks

Advocate Vijay Kalu Wani LawRato

629 votes

you have many choice,firstly you can file a divorce case in family court.but as per you're question he is not ready for divorce,then another option is you can file case against him under the provision of domestic violence act.in that case you make you're in laws party.and under that act you can get maintenance,protection and residence order.by way of this harassment you're husband is ready for divorce.third one is you can file criminal case u/s 498a of ipc.but in criminal case you did get maintenance.
i gave you suggestion file domestic violence case against you're husband and in laws.you gave them harassment.then and then only he ready to gave you divorce

Advocate Siddharth Rajendra Gaikwad LawRato