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Sarah Ramya (PO)     25 March 2012

Divorce under special marriage act

Dear Forum,

My marriage was a choice Love marriage and I have registered it under Marriage Celebrated in other forms of the Special Marriage Act. I was Married in Feb, 2007.

After 3 years of successful marriage, I found that my husband was in affair with another lady which resulted in domestic violence from him and I was forced to approach the All Women's Police station to resolve the issue. Last year 2011, March, I was sperated from my husband as a result, because I no longer could tolerate his acts.During the seperation, he claimed all the household articles like TV, FRidge, Music system, other household items and bike and I readily accepted to give him everything. All those articles were brought jointly by both of us, but I gave it to him hoping that he may come back to me. But that never happened.

Two months back, I received a divorce notice from him stating that due to my physical ailment-Epilepsy, he has issued that I am not fit to lead a healthy s*xual family life hence applying for divorce. I had a difference of opinion in the notice and I have also replied to the notice. 

Now my question is,

1) He has not responded to my response till date

2) It is more than a year we separated. I take care of my expenses and lead a simple life 

3) Now should I wait until he respond or what should I do?

4) Can I claim for ailmony? I dont have any children

Pls do guide me with this regard. Thanks in advance



Learning

 1 Replies

S.K.Maanav (International President International Hindu Personal Law Board)     25 March 2012

If u do not have proper source of income u may go to criminal court and submit the application for maintenace under section 125 crpc. dont try to take any decision in haste bcoz your last decision to marry this type of man has been not good in your favour so pls wait for some time and try to negotiate with him through his relative or friend so that a proper solution can be found for saving your family life.


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