Marriage registered
Soma
(Querist) 21 September 2011
This query is : Resolved
A marriage was registered under special marriage act but parties never lived together for a single day. One year passed. Now they want to avoid the marriage.
What is the remedy?
Mutual divorce or any other remedy??
Can any senior guide??
Shonee Kapoor
(Expert) 21 September 2011
Now they want to avoid the marriage?
Marriage is already registered, they can not avoid it.
What remedy you are looking for, if both parties don't want to live with each other, better to end the same amicably by Mutual Consent Divorce.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Soma
(Querist) 22 September 2011
To be more clear, one way is to get a Divorce by Mutual Consent...is there any other remedy??
Advocate Rajkumarlaxman
(Expert) 22 September 2011
mutual consent is the only way because as you state they are married under special marriage act and registered. so dissolving the said marriage can only be done by divorce and that to mutual consent as they agree to that before the court.
Advocate Bhartesh goyal
(Expert) 22 September 2011
Divorce on the ground of mutual consent is easiest way so get by mutual consent.
Sailesh Kumar Shah
(Expert) 22 September 2011
If you are not wishing to live with each other, both of you could take Mutual divorce.
R.Ramachandran
(Expert) 22 September 2011
When both want not to continue the relationship, it would be advisable to go in for mutual consent divorce. It will avoid all the acrimonies, allegations, counter-allegations etc., which is normally seen in a contested divorce petition.
K.S.Srinivas
(Expert) 22 September 2011
Agreed with the suggestions of the experts.
Soma
(Querist) 22 September 2011
thanks a lot.. experts..
One more thing .. had the marriage been registered under Hindu Marriage Act.. whether the position would differ???
R.Ramachandran
(Expert) 22 September 2011
The position would have been same. Except that the mutual consent divorce petition would be filed under HMA instead of under Special Marriages Act.
Chanchal Nag Chowdhury
(Expert) 22 September 2011
Mutual Divorce seems to be the best option but, be ready with the answer as to why U married at all--A suspicious court may spoil your chances.
Soma
(Querist) 25 September 2011
Thanks a lot experts...
Sachin Bhatia
(Expert) 26 September 2011
Mutual consent divorce is the best possible way to get early divorce.
