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Mukesh Dave (Student)     19 December 2012

Can hma regn again regd under sp marriage act?

Dear All,

Marriage registered under Hindu Marriage Act. Whether it can be again registered under Special Marriage Act? Please reply.Thanks



Learning

 3 Replies

Rajesh Kulkarni (Advocate)     19 December 2012

Hi Mukesh,

For what reasons you again want to get your marriage registed under Special Marriage Act. Elobrate your query.

 

Regards,

Rajesh Kulkarni

Advocate Rajeev 9654767726 (Advocate)     20 December 2012

Pl give details in your query since HMA covers all marriages of Hindu. but pl specify your query.

Mukesh Dave (Student)     20 December 2012

Dear Sir,

Thanks for your interest and reply.

It is case of nullity / annul marriage. Both Hindu recently married before six months. Wife & Husband both well educated, matured age, from good family back ground and good health. Wife does not give any physical response to husband from the day of first night. Three months they stayed together and after that since three months wife staying at Parent home taking Physcratrist treatment and marriage counselling. Wife is normal in behavior, not arrogant or angery inside or outside bed room with husband. Husband, Both side Parents and Shyciatrist , Marriage Counseller, all fail to know reason why she behaves like this and keep away herself from physical contact with husband? When question ask to wife she simply says that She also does not know why she doing like this? She sometimes says that she does not have feeling come out for husband. She cries. Inner of heart she likes her husband but why she keeps distance in bed room is big Question for everybody Both side Parents,Phycratrist and Marriage Counseller. When coming to this question her mind becomes blank, unable to give any answer. 

So Both side Parent and Husband miserably deicde to go for nullity of marriage. Both side agrees to go for that.As it will be better for both Husband and Wife to nullify marriage instead to go for divorce label by decree. Marriage  solemnized before six months and one year not completed. Both are Hindu and marriage regd. under HMA.

But in HMA ground of fraud / force or impotency by wife has to allege. While in Special marriage act only wilful refusal by either of spouse is valid ground of nullity. Therefoe I am asking whether once marriage regd. under HMA can it be re registered unser Special Marriage Act to make Nullity easy way without allegations to make like HMA?

Your reply is important to me.

Thanks


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