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rohit karbhari (service)     25 March 2008

divorce grounds and maintenance under special marriage act

dear sir,

kindly guide on the legal aspects on the subject matter.

thanks.

rohit



Learning

 6 Replies

SANJAY DIXIT (Advocate)     25 March 2008

Special Marriage Act, 1954 27. Divorce.—(1)Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the district court either by the husband or the wife on the ground that the respondent— (a) has since the solemnization of the marriage committed adultery; or (b) has deserted the petitioner without cause for a period of at least three years immediately preceding the presentation of the petition; or (c) is undergoing a sentence of imprisonment for seven years or more for an offence as defined in the Indian Penal Code (Act XLV of 1860): or (d) has since the solemnization of the marriage treated the petitioner with cruelty; or (e) has been incurably of unsound mind for a continuous period of not less than three years immediately proceeding the presentation of the petition; or (f) has for a period of not less than three years immediately preceding the presentation of the petition been suffering from venereal disease in a communicable form, the disease not having been contracted from the petitioner; or (g) has been suffering from leprosy, the disease not having been contracted from the petitioner; or (h) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of the respondent if the respondent had been alive; or and by the wife on the ground that her husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality. 36. Alimony pendente lite.—Where in any proceeding under Chapter V or Chapter VI it appears to the district court that the wife has no independent income sufficient for the r support and the necessary expenses of the proceeding, it may, on the application of the wife, order the husband to pay to her the expenses of the proceeding, and weekly or monthly during the proceeding such sum as having regard to the husband$s income, it may seem to the court to be reasonable. 37. Permanent alimony and maintenance.—(1) Any court exercising jurisdiction under Chapter V or Chapter VI may, at the time of passing any decree or at any time subsequent to the decree, on application made to it for the purpose, order that the husband shall secure to the wife for her maintenance and support, if necessary, by a charge on the husband$s property, such gross sum or such monthly or periodical payment of money for a term not exceeding her life, as, having regard to her own property, if any, her husband$s property and ability and the conduct of the parties, it may seem to the court to be just. (2) If the district court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may, at the instance of either party, vary, modify or rescind any such order in such manner as it may seem to the court to be just. (3) If the district court is satisfied that the wife in whose favour an order has been made under this section has remarried or is not leading a chaste life, it shall rescind the order.

Guest (n/a)     21 April 2008

I got married under special marriage act 1954 of 43with an Italian and got marriage certificate but after a month she fled to her country. Now she is free but I am married as per law and I too want tobe free or divorce what can be done in this regard.

shaheen (lawyer)     23 April 2008

Hi Rajendra, As I have answered you on your mail. You can file for divorce in Family Court (Bandra if you reside inBombay or got married in Bombay). If she do not come to contest you will get expartee divorce. regards shaheen

Guest (n/a)     27 April 2008

is this nessesary to register the marriage in the Italian Embassy to file petition in the Indian family court for dessolution of marriage if an Italian woman fled to her country just after a month getting married as I got marriage certificate from marriage officer

Guest (n/a)     28 April 2008

you need to see a good lawyer to sort the whole issue

Guest (n/a)     04 May 2008

i'm in the process of filing for a mutual consent divorce.i have been married for 6 yrs now and donot have any children. My husband cannot pay lumpsum amount , so i have asked him to pay rs. 15000 pm for 7.5 years irespective of whether i get remarried or not.. i wanna know will this settlement process work or their any legal loopholes.. pls advise and i donot want my identity to be revealed

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