Divorce by mutual consent

Shejal Prakash (Querist) 16 March 2016 This query is : Resolved
Both husband and wife are Hindu and belongs to same caste. Marriage was registered under the special marriage act and on same day marriage was also solemnized as per Hindu vedic rituals. Now they want to file divorce petition by mutual consent. Now issue is should I file divorce petition under section 28 of Special marriage act or Under section 13b of Hindu marriage act.

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rajagopal.s (Expert) 17 March 2016
The divorce petition should be filed under
Under Sec 28 of special marriage act only.

Devajyoti Barman (Expert) 17 March 2016
In either of the Act the case can be filed. However when you file under one Act then remain silent about applicability of other Act.

Adv. Yogen Kakade (Expert) 17 March 2016
Rightly stated by me. Barman

Rajendra K Goyal (Expert) 17 March 2016
Can proceed under any of the act.

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