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Jackson RuleofLaw (warrior)     08 September 2015

Can a divorce petition be dismissed under o7 r 11(d) of cpc

1. An Indian Hindu marries a Muslim In London. Does get Marriage registered under British Marriage Act 1949.

2. The Couple celebrates marriage under Hindu Vedic Rites on return to India.

3. The Husband does the registration in India but that document is given to lady.

4. Husband gets Passport issued in the names of his wife and children. So now she is naturalised Indian Citizen

5. First Petition  for Divorce under Hindu Marriage Act is rejected .

6. Wife files second Petition for Divorce under Special Marriage Act.

7. Now the Husbands Lawyer has moved application unde O-7 ;R-14(d) of CPC to reject this petition being barred under the provisions of Special Marriage Act in the absence of Registration under Special Marriage Act.

8. The Wife & Husband have never stayed in England after Marriage. So the Lady can not even seek divorce from British Courts/ Nor she has the money to take that route.

9. Does it mean the lady will denied the right to seek divorce , just because she is not able to produce Registration Docs  and for the "Fraud" played by her husband, a case of criminal breach of trust, by not keeping her informed

10. Your valued inputs plesae and any Judgment which can be relied.



 8 Replies


your marriage is not registered under special marriage act . it means that you cannot seek divorce under that act. 


since your marriage is registered under HMA you can seek divorce only under that act. you have to prove your marriage and show the registration doc.


if your husband cannot give that doc to you, you can file 498A case against husband and entire family so that all of them will go to police custody. now your job is relatively easy. go and find where your husband keeps the registration doc. take it and show it to the court. also you can file criminal breach of trust case which will add an extra milege to your divorce case.this is one way to solve your problem.


the other way is to inquire into marriage registrar office to get a copy of the doc. but do file 498A to keep the husband and family in check.


Marriage certificate can be obtained by either of the spouse from the from the registrar's office where the marriage has taken place according to sectiion 36 of the British Marriage Act 1949 on payment of 9 pounds.U can obtain it online also as per the provision mentioning all the details.

Well, one thing is whether U converted to hinduism at the time of marriage? What were UR bonafides mentioned at the time of marriage? 

If U intend to teach a lesson to the husband and his family as a last resort apply 498A against them.




suresh kakkar and another vs mahendranath kakkar &others on 2nd july 2008.

Its a judgement under section 7cpc.

T. Kalaiselvan, Advocate (Advocate)     17 September 2015

The valid marriage is the marriage registered under the British marriage act being the first one.  Any subsequent marriage whether registration or solemnization shall not be treated as marriage and divorce cannot be applied on that basis. 


Rightly concluded by Adv Kalaiselvan

S.JEEVAGAN, Madurai. (Advocate, High court )     18 May 2017

Hi !

In the facts and circumstances narrated in the querie, application filed under Order 7 , Rule 14(d) of Code of Civil Procedure seeking for rejection of the divorce petition is really maintainable and it is going to be allowed by the hon'ble Court because a  petition pertaining to a matrimonial dispute  cannot be entertained under the provisions of Special Marriage Act in the absence of the said marriage having been registered under the Special Marriage Act.


Website :  

e.mail  :  

Cell Nos.  : +91  9842197855, 9842197857. 



whatnot   18 May 2017

How did they meet in London?


Lady must be either born or naturlaised citizen of UK (or she had other passport and was on visit/student?).


They have to go through to renounce another citizenship before becoming Indian. So there must be paper trails.


She won't get divorce in India.

But again she doesn't need another piece of paper to live..


She can puruse other alternative cases on him (if he is still in India) and make life miserable.


Orgo to matrimonial home and stay put.

stanley (Freedom)     18 May 2017

@ Author .

1. How old is the queen of england and what does she seek in trying to attain Divorce is a bit fishy ? 

2. Why does she wish to seek Divorce when the marriage under British Marriage act is not valid in india . 

3. Her Marriage is not registered under special marriage act hence her petition will not be entertained .

Does she seek money that she is seeking for Divorce and you being her Advocate seek your fees devilwink

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