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Marriage under special marriage act


16-Nov-2023 (In Family Law)
I am married for the last 3 months under special marriage act but my husband has not taken me to his home yet and he is not in contact with me also.Can this lead to mutual consent divorce?
Answers (5)

Answer #1
579 votes
dissolution of marriage on mutual consent under special marrage act section 28 is filed after one year of seperation of parties. Your case divorce can not be obtained right now on mutual consent..although time period can be condoned in case extreme hardship , but thai is exceptional..your case you may file suit for declaring void marriage
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Advocate Sudip Mukherjee

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Answer #2
693 votes
Ma'am, If you have never stayed with your husband you have option to file Mutual Divorce under the Special Marriage Act. Your ground for divorce could be nullity or if you wait for one year you could also get the ground for desertion also. But first of all you have to file a case in court of law to get divorce, or if you want to stay in the marriage you could file Restitution of conjugal rights in the same court. The choice is yours completely, choose wisely.
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Answer #3
610 votes
No way you cannot obtain divorce through mutual consent after 3 months of marriage because as per the Special Marriage Act it is clearly stated that no divorce application can be presented before the Court within 1 year of marriage except in certain exceptional circumstances. Thanks
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Advocate Suvajit Ghosh Dastidar

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Answer #4
823 votes
if there is an inadvertent error which you have noticed then you are at liberty to get the same rectified by following the due process. it is not advisable to allow the mistake to continue as unforeseen situation may arise in near future. obviously the very purpose of registration is to document the marriage details and therefore the details of the spouses as far as those entered in the registration certificate are preserved with the public register for all future references. Regards, Tanmoy Chattopadhyay, M.Sc (Net), LL.B (Delhi), Advocate, High Court, Calcutta.
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Advocate Tanmoy Chattopadhyay

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Answer #5
741 votes
yes marriage certificate is a valid document which is used even in obtaining documents like passport, aadhar, voter cards so yes government saves each and every detail while travelling abroad otherwise within india it should not be a problem
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Advocate Aveek Bose

Adv. Aveek Bose

LawRatoKolkata | 1000+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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