Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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divorce and judicial separation under the Special Marriage Act

(Querist) 17 December 2008 This query is : Resolved 
the girl got married 2 years back.ever since her marriage she was subjected to mental torture,so much so, that presently her husband and in-laws have even stopped talking to her.though she is still at her matrimonial home but she cannot continue any longer.all modes of reconciliation by the girl's parents have failed and now she wants a divorce.what is the neccessary procedure?can she directly go for a divorce suit or should first file a criminal proceeding under 498A CrPC and then file for divorce?would judicial separation be a better option?
Guest (Expert) 17 December 2008
Let her give a legal notice explaining the differences, seek a mutual consent divorce in the notice, then she can file petition for Divorce or judicial separation. No need of criminal case for getting a divorce. What is age of the couple divroceing and are there any issues from the matrimony.
sreemoyee (Querist) 17 December 2008
thank you so much for your reply.
the girl is in her late twenties and her husband in his early thirties.there are no issues from the marriage.it would be a great help if you could send me a draft of the legal notice and the divorce petition.
Prashant Kumar Jha (Expert) 18 December 2008
after serving legal notice if no reply from other side comes then you can move to hon'ble court for divorce cruelty will be the ground. but if she move to court under sec 498A court may interfare and there is possibilities for compromise by the order of court and thus her martial life can be saved as the divorce is not only option.basic need is to save her conjugal life.
Hiralal Das (Expert) 05 April 2009
I do agree with the valuable opinions of the learned members. Thanks all of you.


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