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Seeking divorce from wife under special marriage act


16-Jul-2023 (In Divorce Law)
Husband seeking divorce from wife, she married him according to muslim tradition after a year took khula and went , again she came back and married under special marriage act, but no understanding between both . She threaten him of filing love jihad case on her and she threaten him of suicide and attempts often to threaten him..he want divorce but she do not want
Answers (3)

Answer #1
781 votes
As per the facts, we can presume that husband is Hindu and Wife is Muslim. So there is Contested Divorce (one-sided divorce) when one party wants the Divorce. This type of divorce comes under this. Under Contested Divorce, there are specific grounds on which the petition can be made. The husband will have to establish some reason for a divorce. The Special Marriage Act, 1954 recognise the ground of cruelty. In this case you file divorce under cruelty. Cruelty can be physical or mental. If one spouse have reasonable apprehension in mind that the other spouse conduct is likely to be injurious or harmful.
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Advocate Ayantika Mondal

Adv. Ayantika Mondal

LawRato Bangalore / Bengaluru | 5+ Answers
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Answer #2
520 votes
I understood your problem husband want divorce right your married under spl marriage Act both husband and wife not agree so you have to file a contest matter at court and send hervto court notice ad she will give him to cruality ground and he deserted two years li ving saparatly so you have to file above grounds and contest the both party and will took divorce from your wife thank you
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Advocate Bhagya C H

Adv. Bhagya C H

LawRatoBangalore / Bengaluru | 1000+ Answers
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Answer #3
668 votes
Dear Sir, Cruelty includes threatening to commit suicide. You can file divorce immediately under the provisions of Special Marriage Act. You may get evidence about all the major cruelty incidents against the wife. In many cases courts are rejecting divorce applications are not pleaded with serious cruelties committed by wife and such cruelties must be established.
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

LawRatoBangalore / Bengaluru | 1000+ Answers
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