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?