Adv. Subhadeep Saha (Lawyer.) 28 January 2011

Dissolution of marriage under Special Marriage Act,1954

My client who is a lady, contracted her marriage with a person outside the state of her residence. Both r hindu. It is a marriage u/sec.13 of the Spl. Marrige Act for which a certificate of marriage has been obtained. No ceremonial functions relating to marriage occurred before or after obtaining the certificate of marriage between the parties. Period of cohabitation of the parties is some months. No offspring out of that marriage is there. Marriage occurred 6 months ago i.e. the date of marriage as per the certificate. Now the lady wants dissolution of marriage as she finds her husband incompatible with her. The husband is not a good person. What is the remedy now? Divorce or suit for nullity of marriage? Waiting for ur valuable advices.

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2 Replies

adv. rajeev ( rajoo ) (practicing advocate) 28 January 2011

When both are Hindu it does not come under Special Marriage Act. She has to file a divorce petiton under the Hindu Marriage act.

Adv. Subhadeep Saha (Lawyer.) 29 January 2011

Re: Adv Rajeev

Sir, as far as my knowledge goes being a newcomer in the legal profession, any 2 persons can marry under the special marriage act irrespective of their religion. A hindu can marry a hindu also under this Act as well as a muslim & christian with or without any ceremonial functions. So if 2 hindus marry under this Act they will be governed by the provisions of special marriage act & not hindu marriage act even if being hindu. Because in hindu marriage ceremonial functions i.e. saptapadi etc. is a sine qua non. So in my case the client & her husband shall be governed by the special marriage act & not hindu marriage act. So, this proposition is not right that as they r hindus so they will be governed by hindu marriage act.