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Venkat Nath B   19 August 2015

Hindu marriage under special marriage act

We are both Hindu (but different caste) that had an arranged marriage.  The bride arranged for marriage under Special Marriage Act.  After a month of living together (and it was hell with psychological abuse), she deserted me and left.  I am seeking divorce on desertion (more than 2 years) and cruelty.  My question is if the marriage is valid in the first place and can I seek the marriage to be null and void?  Do I file for divorce under HMA or SPA?  Much appreciate your legal opinion and any case references in similar circumstances.

We had a full Hindu ceremony and the bride arranged for the Registrar to come to the wedding venue.  When I took the marriage certificate to the local lawyer, he questioned why I got married under SPAct?  I honestly did not notice this until the lawyer pointed that the marriage certificate was issued under SPAct.  The Registrar did not highlight this to me at the time of wedding, and I did not notice from the papers I was signing at that time.  Also, I did not sign the SPAct application papers, and the required notice period was not followed as she arranged it just few days before marriage in Pune.  I only knew about these requirements now on researching about SPAct.  I paid for all the wedding expenses and there was no dowry.  She also hidden about a major accident she had, she did not say she wears contacts and misinformed about her parents owning apartment.  Only after wedding I come to know about her major surgery and concussion to head, her wearing glasses and that her parents do not own the apartment etc.

Are there grounds for me to seek marriage to be voided from the way she managed to register the wedding and misinformation?  Or seeking a divorce is the only option I have?



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 7 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     19 August 2015

the husband and wife respectively shall be competent and compellable to give evidence of or relating to such cruelty or desertion.

 

saravanan s (legal advisor)     19 August 2015

you got to file contested divorce under desertion grounds under sma only since you had registered under sma


(Guest)

Take MCD.  Best way out, but be ready to pay heft money to wife.

SAINATH DEVALLA (LEGAL CONSULTANT)     19 August 2015

Belonging to different castes and an arranged marriage,but fell out after just one month of marital life.At the outset and generally speaking how did the elders agree for the marriage when they belong to different castes?  It is valid marriage if the below mentioned had been adhered to:

 

Requirements[edit]

  1. The marriage performed under the Special Marriage Act, 1954 is a civil contract and accordingly, there need be no rites or ceremonial requirements.[5]
  2. The parties have to file a Notice of Intended Marriage in the specified form to the Marriage Registrar of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given.[6]
  3. After the expiration of thirty days from the date on which notice of an intended marriage has been published, the marriage may be solemnized, unless it has been objected to by any person.
  4. The marriage may be solemnized at the specified Marriage Office.[6]
  5. Marriage is not binding on the parties unless each party states "I, (A), take thee (B), to be my lawful wife (or husband)," in the presence of the Marriage Officer and three witnesses.[6]

Conditions for marriage[edit]

  1. Each party involved should have no other subsisting valid marriage. In other words, each party should be monogamous.[6]
  2. The bridegroom must be at least 21 years old; the bride must be at least 18 years old.[6]
  3. The parties should be competent in regards to their mental capacity to the extent that they are able to give valid consent for the marriage.[6]
  4. The parties should not fall within the degree of prohibited relationship.[7]

 

 

Venkat Nath B   20 August 2015

Thank you so much for your replies.  it was arranged marriage with elders full consent.  We did not have 30 days notice period to register under SPAct. I do not know how she managed this.  Her sister made a comment at the wedding that it cost them a lot of money. 

We only lived together for less than a month after the wedding (25 days).  She did not consent to s*x during this period.  We visited a lady doctor to check if everything is o.k., and also to a family counselor.  Then she left, cut-off all direct communications.  Only speaks through her lawyer and demanding I buy her an apartment to co-operate for MCD.  

hence, my question if I can seek for marriage to be voided due to misinformation and not observing the proper notice period?  

SAINATH DEVALLA (LEGAL CONSULTANT)     20 August 2015

When she was not intrested in having physical relationship with U,what for has she come to a lady doctor? U have not revealed what happened at the lady doctor?

Venkat Nath B   20 August 2015

The lady doctor said she is anatomically fine. Her not allowing is in her head and have some tablets to relax her mind. Then also she would not allow. We had lot of arguments, she started to mistreat me, not show interest in house. Only wants to go shopping. Very soon after she left, she started to work again. But cut off all communication except through her lawyer. I want to get this closed as it is stressing me out and affecting my performance at work, and outside also. But She is being so aggressive with law demanding a house etc., I am afraid she may do something against my family abusing the legal system.

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