(Guest)

Urgent help by lawyer for maintanability of divorce

Respected Sir,

I am a Christian got married to a Christian girl on 18-3-2008 subsequently had filed for divorce under special marriage act on 11-3-2009. The opposite party had filed objection to filing of divorce petition and also non maintainability of divorce petition u/s 29(1) of special marriage act quoting that divorce case filed within one year so divorce petition should be rejected.

Later on, judge ordered IA which I have paid till date. Evidence never happened and today while taking cross examination opposite party lawyer stated that the petition itself is not maintainable. Judge looked in books of law and said it is not maintainable. In the meantime my lawyer has take time of one week to file objections.

In between, wife filed DV act case against me and my parents. We got stay order from sessions court as well as from high court and the DV act case is now set aside.

After 3 years judge is telling that divorce petition is not maintainable.

Can I get help regarding information of rulings about divorce petition filed under special marriage act.

What would be the next best step ahead?

Please do tell.

Thanks in advance.

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3 Replies

(Guest)

In our Church, what happens is, when anyone get married, they take signature along with witnessed on marriage register and later on send it to registrar of marriages and get the said marriage registered. This I know as I have seen other people know do it. The register where we sign in the marriage register of the church is it being taken to registrar office or not I don’t know fully. But my lawyer filed my divorce petition under Special Marriage Act and the Judge of Family Court also considered while allowing IA under Indian Divorce Act and not under Special Marriage Act as opposite party lawyer had quoted Indian Divorce Act for claiming IA.

I just want to get through this. Without filing another petition for divorce. Already 3 years over. Please advice.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 07 October 2011

It appears that you got married in the Church and both of you are Christians. If so your marriage was a Christian Marriage and laws under Special Marriages Act. will not apply to your case, even if your marriage was registered with the Registrar of Assurances. In order that a marriage should come under Special Marriages Act, both of you should have gone to the Registrar and specifically registered your marriage under the Special Marriages Act.