special marriage act and its divorce
vincent gomez
(Querist) 09 May 2011
This query is : Resolved
I am a member of your Lawyersclubindia.com. I was married in 1986 december 06, under special marriage act (we being Roman Catholic). In 1987 june 09, my wife then deserted me when I was in hospital suffering acute asthamatic attack. First she approached women's cell and on their investigation, they found the complain was fake, hence giving a note at the women's cell that she is leaving me of her own accord and free will, and she has nothing to do with me as she has taken all her belongings with her. This note was attested by IO at the women's cell. Since then many attempts were made to bring her back to her matrimonial home but she refused to meet any of our family members and always avoided me and since then I have never seen her at all.
Church failed to do good to us. And I am not interested in the Church or in its membership anymore. Now I want to go for a divorce legally and lawfully.
As the period of our separation/desertion surpassess all the rules and byrules of period of time required for a legal and lawful divorce,
Can I:-
1. Go directly to High Court for a divorce under suitable Indian Divorce Act with her said note that she gave me at the time she left me in women's cell, bypassing all lower court/family court and like formalities, as there is no chance for her coming back now in the apparent face of the record.
2. Do I have to change my religious as I am neither interested in church nor in any of its rules.
3. Can you suggest any fast track court to obtain my divorce from this lady in question.
Your reply is much appreciated and much awaited.
Regards
Vincent Gomez
vincent gomez
(Querist) 09 May 2011
There are many individuals who are suffering in silence like me with no ray of hope in their lives. If my case is solved legally and lawfully, it will be a blessings in disguise for all such individuals like me and they will come forward for justice legally and lawfully in the court of law.
R.Ramachandran
(Expert) 09 May 2011
You cannot directly go to the High court.
You have to go through the normal divorce proceedings. There is also no provision for any fast-tracking of such cases. If you are sure that she will not come back, then it would be better to approach her and to file a mutual consent divorce petition. Having waited this long, you have to wait for some more time, after filing the divorce petition or mutual consent petition.
Devajyoti Barman
(Expert) 09 May 2011
The quickest remedy is always the mutual divorce petition as the contested divorce cases do take some time which unfortunately can be fast tracked.
Until some dramatic changes occurs in the legislation you have no option but to go through the rigours of current judicial system.
vincent gomez
(Querist) 09 May 2011
THANK YOU I APPRECIATE YOU REPLY
