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Validity and Divorce under special marriage act


29-Apr-2024 (In Divorce Law)
My Hindu friend got married to a Christian but did not register the marriage under Special Marriage Act. Its been only an year and they have baby boy but due to marital problems, they are seeking a divorce. Since the marriage is not registered under SMA and even HMA cant be applied, can the marriage be declared null or a petition has to be filed for divorce?
Answers (2)

Answer #1
769 votes
It is important to know as to whether the marriage took according to what rites and rituals. Only after that can one can be advised legally. A Petition for divorce is required to be filed for that. Feel free to contact me for seeking any further legal advice as regards the same.
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Advocate Prerna Shukla

Adv. Prerna Shukla

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Answer #2
992 votes
Well, it seems that your friend has got married as per the Christian Rituals and as such, her Marriage falls under the Indian Christian Marriage Act, 1872 and accordingly, she can seek Divorce in the concerned Family Court by filing a Petition under the Christian Marriage and Divorce Act, 1957.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoMumbai | 1000+ Answers
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