Respected Sir,
I am a Christian got married to a Christian girl on 18-3-2008 subsequently had filed for divorce (As wife gave police complaint that I beat her and ask for money to bring from home of hers, but that police complaint did not stand as the authorities incharge conduct enquiry in the middle of the night and eventually she had to agree that I did not ask for all that and that her only contention was that I did not come home at night as I am working night shift in private company, the copy of NCR also submitted to Family court) 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.
The opposite lawyer's contention is 'as the petition was filed within completion of 1 year of marriage, the petition should be dismissed.' We dint file leave application also after filing divorce petition.
3 years over now. DV act case faced. Torture by police also faced. Now they tell this.
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.
