What is a remedy for Wife?

G. ARAVINTHAN (Querist) 13 December 2008 This query is : Resolved
X, a male weds Y. After getting registered under Special Marriage Act, they lived with parents. X went to other town for Post Graduation and went to abroad for his job.

X sent a mail to Y that he want divorce.

What is the remedy for Wife?

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Tribhuwan Pandey (Expert) 13 December 2008
It depends on wife what remedy she wants divorce or not and under what grounds husband wants divorce.

Only to say he wants divorce is not sufficient, he would have to prove conditions given under section 27 of Special Marriage Act. If wife does not want divorce she has many options i.e. plea u/s 29 of Special Marriage Act restrictions on petitions for divorce during first three years.

Relief u/s 35, 36 & 37 of Special Marriage Act

She can claim maintenance u/s 125 Cr.P.C.

G. ARAVINTHAN (Querist) 14 December 2008
What is the remedy when wife dont know the whereabouts of the husband?

RAKHI BUDHIRAJA ADVOCATE (Expert) 15 December 2008
She can Publish in the Newspaper through Court.

PALNITKAR V.V. (Expert) 15 December 2008
If the question relates to service of summons on the husband, then she can adopt the method of substituted service of summons as given in CPC

K.C.Suresh (Expert) 16 December 2008
Answered by Thribhuvan, Rakhi and Palnitkar. Over

G. ARAVINTHAN (Querist) 16 December 2008
What happen if in a case where the wife dont know the address/ last known address or working place of the husband?

She know only the place of marriage.