Dear Sir
My friend has belongs from Muslim family, their marriage has been solemnized as per special marriage act before the marriage register and there after valid Muslim marriage has been observed with the consent of both the parents.
Now this lady has trying to take the advantage of Special Marriage Act, she has filed a Divorce petition at District Court. Reason mentioned that “Continuous period of 1 and 9months Husband has doing cruelty and during the said period of desertion their marital knot being irreparably broken, respondent neither maintain the pititioner and the minor daughter nor he looks after them by taking any news about them,it is high time that the marriage should be dissolved with a decree of divorce.”
For husband side he has always trying to co-operate with wife where he has transferred cash to his wife’s account monthly basis. Each and every month all kinds of supports has been doing by him, all are documented. During the said period husband has paid the high amount of payment for ill treatment of wife where she has admitted for her surgery. Also made the school fees for his daughter. Since 2017 husband has maintain the documents for all transactions where he has spend for his wife and daughter.(Bank Statement for cash transfer/online shopping delivery receipt for wife /Nurshing home bills and many more)
In her petition she has mentioned wrong age of their daughter as 4.6yrs old but as per DOB certificate daughter’s age is 6 Yrs. Lastly she had made an affidavit her age is 35 Yrs old but PAN card, VIC card, Adhar Card and others school certificate clearly mentioned that her age is 28yrs old…. These wrong information can reject her petition.
As confirmed by her valid muslim marriage has been observed with the consent of both the parents….can she take the advantage of Special marriage Act.
My friend want only rejection of his wife’s petition, so kindly suggest.
