You can file divorce case in family court as the family court has jurisdiction in all matrimonial cases.
Hi, My marriage was registered under the special marriage act in pune in 2014. My wife and me are Hindus and not sure why was this register under this act as oppose to Hindu Marriage act. My question is can divorce be filed in a Family court or does the Special Marriage Act marriages have to go through the district court only.
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You can file divorce case in family court as the family court has jurisdiction in all matrimonial cases.
My lawyer has mentioned that we cannot do it in Family Court as the marriage is registered under special marriage act, and I already have a petition filed in the district court, what should be the next course of action for me then
See if you have already filed divorce petition then proceed with the same as the district court have jurisdiction over it.
You can file it in family court under provisions of special marriage Act.
You can file petition for divorce under SMA in family court
you don’t have to approach district court for filing for divorce
1. If Family Court has been established in the district where the petition for divorce has to be filed then Family Court is competent to even entertain and hear petitions for dissolution of marriage in respect of marriages registered under Special Marriage Act.
2. The Family Court Rules of your state have to be perused.
1. The court to dissolve the marriage depends on territorial jurisdiction of the parties and not the marriage act.
2. So check the area in which you or wife resides falls within the jurisdiction of family court or the district court.
3. A local advocate would help you to find this out.
4. once you know then you can apply fr divorce in that court.
Whether the court are different but the proceedings will be same. If you want to go for MCD.it will be better for you.
It must be court marriage ? Since both are Hindus, HMA will only prevail. Inter caste marriages are governed under SMA.
Person who professes Hindu, SMA shall not apply
You have mentioned that your marriage is solemnised under special marriage act and now you want to file divorce but filing a divorce case you have to mention the ground for divorce and statutory period is mandatory.you must consult a lawyer of your choice.
Dear sir,
There is no difference if you get divorce decree either from family court or district court . Please go ahead as suggested by your advocate since it was rightly or wrongly registered under special marriage act.
- As per section 27 of the Special Marriage Act ,
27. Divorce.—1[(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 .
- So, your lawyer has rightly filed the said case before the District court as per the provision of Special marriage Act.
- Dont worry and produce the evidence in support of your case for getting relief .
You can very well file the divorce case before the family court also for the marriage registered under special marriage act.
This can be filed in the district court only when there is no family court or it is not coming under its geographical jurisdiction