• I was married under Special Marriage Act 4 months ago

Hello sir I was married under special marriage act 4 months ago and I did not live with him since then. As we have not told our parents about the marriage and we made consent that we will convince our parents and then we will marry religiously but in that process being an girl it's hard for parents even as they have so much responsibility they wanted more time but in that period of time my husband starts calling and start saying that I will do suicide and even his father started saying we can go to court and apply for divorce and then suddenly change. I don't want to go there now as they even started trying to dominate me and torturing me by saying that I will do suicide and I will send police to your house as your parents are not agree. My parents are with me now they said we will do what you want but now I don't want to go to their house I want to get divorce can someone please help me what procedure should I follow as we have a showing in the high court next month as we applied for police protection and we are not living together so high court sent summon for showing in the court.
Please help me
Asked 7 years ago in Family Law
Religion: Sikh

7 answers received in 1 day.

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8 Answers

1.If both parties agree then mutual divorce is most convenient way to dissolve the marriage which does not take more than six moths of time.

2.However to file mutual divorce petition one must wait for one month.

3.The high court case you are talking about is not clear to me.

4.If you were tortured at your matrimonial home you can file criminal case u/s 498A IPC.

5. If you are unemployed you can file case for maintenance under PWDV Act as well.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

If you only want divorce then you can tell your husband to file for mutual consent divorce, which would require a positive agreement between the spouses to be recorded. If he does not agree to mutual consent divorce then you may unilaterally file for divorce after the expiry of a year from the date of marriage.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) you cannot be forced to stay with your husband

2) only in exceptional circumstances can you apply for divorce before expiry of one year of marriage

3)you can appear before the court and state on affidavit that you dont want to stay with your husband on account of husband constant threats to commit suicide

4)contact a local lawyer and file for divorce on expiry of one year of marriage

Ajay Sethi
Advocate, Mumbai
95222 Answers
7612 Consultations

5.0 on 5.0

Dear Concerned,

Divorce can not be applied as the marriage is just 4 months old. If the Husband is threatening for suicide that's his problem , it is suggested that as it seems that you have told your parents about the marriage - it is suggested that your parents maintain the fact that they do not know about the marriage and also they should file a complaint in the nearest police station that - such threats are coming from some one who is alleging to be their daughters husband.

you may choose not to go to your husband and also file a complaint in nearest police station that you are not willing to go to your husband's house due to your own wishes and have been staying separately because of XYZ reasons. This will protect you from any false complaints.

Best of Luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

1. Did you lodge any complaint against your husband and asked fro police protection or your husband has filed a habeas corpus application before the High Court requiring the police to produce you before the Court as per the application filed by your husband?

2. You can not just marry and then seek decree of divorce of your own sweet will or for some flimsy reason. There are grounds like cruelty against which you can seek decree divorce.

3. The reason stated by you is not the reason approved by Indian law for which you can seek decree of divorce.

4. You shall have to collect irrefutable evidence of cruel acts on you by your husband after which file a divorce suit on the ground of cruelty submitting the evidence you have already collected in support of your allegation.

5. Contested divorce will take 2 to 4 years to be disposed of and if you can not prove his cruel acts against you, it will be difficult for you to get divorce.

6. It will be prudent on your part to negotiate with him and convince him to jointly file a mutual consent divorce petition after completion of one year of your marriage which will be disposed of with in 6 & 1/2 months from the date of its filing.

7. One think can be kept in mind that if you do not want to stay with your husband, no Court on the earth can legally force you to join him against your wish.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

you should file a petition before the supreme court under article 142 for declaration of this marriage null and void on the ground of irretrievable breakdown of marriage. you have not been lived a single night after the marriage and husband has filed petition of divorce. this is fit ground to file petition under article 142. supreme court has extraordinary power under this section to do complete justice in exceptional cases. irretrievable breakdown of marriage is not a ground of divorce under Indian divorce act therefore this is an exceptional case.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

You can move to supreme court despite of the fact that a petition is pending in lower court.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

You cannot file a divorce case before completion of one year from the date of marriage.

If you are not willing to continue the married life with him, he cannot force you to do so.

Since you have already approached high court seeking police protection, you may wait for the orders by high court.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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