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Husband (hindu) has abandoned wife (muslim), how to get him back
24-Jul-2023 (In Family Law)
I have been in a relationship with a boy since last 4 years. He is hindu and I am Muslim. We knew each other really better. Then we decided to get married on March 10, 2017. My family knew that I was getting married. But he has hidden this from his family. We did court marriage. My parents and one of his friend has witnessed. After getting married we both were staying with our families. Now his family came to know about our marriage and his mother has blackmailed him and has asked him to do as she says. And she left has left mumbai on July 20, 2017 mid night 3'o clock to raipur at his uncles place. It's been 4 days now. There is no contact with him. His family has taken his phone. After that I started contacting his family members. But they are not receiving my calls and switching off their phones. I have texted them on whatsapp. But they are deleting the whatsapp account also. Please help me and suggest me what all I can do in this case.
it is to be seen that under what law the marriage had happened. You can talk mutually and get this matter resolved. However the provisions of special marriage act which talks about divorce are covered in section 27 of SPM act.
Section 27. Divorce
(1) Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the District Court either by the husband or the wife on the ground that the respondent-
(a) has, after the solemnization of the marriage had voluntary sexual intercourse with any person other than his or her spouse; or
(b) has deserted the petitioner for a continuous period of not less than two years immediately proceeding the presentation of the petition; or
(c) is undergoing a sentence of imprisonment for seven years or more for an offence as defined in the Indian Penal Code (45 of 1860); or
(d) has since the solemnization of the marriage treated the petitioner with cruelty; or
(e) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind, and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.
Section 27. Divorce
(1) Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the District Court either by the husband or the wife on the ground that the respondent-
(a) has, after the solemnization of the marriage had voluntary sexual intercourse with any person other than his or her spouse; or
(b) has deserted the petitioner for a continuous period of not less than two years immediately proceeding the presentation of the petition; or
(c) is undergoing a sentence of imprisonment for seven years or more for an offence as defined in the Indian Penal Code (45 of 1860); or
(d) has since the solemnization of the marriage treated the petitioner with cruelty; or
(e) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind, and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Madam,
By Court Marriage do you mean you went to the marriage registrar's office ? do you have the marriage registeration certicificate? Approach the police and file a complaint at the earliest carry a copy of the marriage registeration certificate. If you need help approach an NGO if in Mumbai like Stree Mukhti Sanghatna, Sneha or Awaze e Nizwan.
By Court Marriage do you mean you went to the marriage registrar's office ? do you have the marriage registeration certicificate? Approach the police and file a complaint at the earliest carry a copy of the marriage registeration certificate. If you need help approach an NGO if in Mumbai like Stree Mukhti Sanghatna, Sneha or Awaze e Nizwan.
Helpful?
Adv. Shalini Devi
Mumbai | 400+ Answers
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