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Sanjeev Kuchhal (Publishers)     30 October 2009

Query on divorce case

Inter-caste marriage. As family was against their marriage they performed the registered marriage under Special Marriage Act. Later family accepted them and Nikah was performed and nikahnama was registered under the Bombay Registration of Marriage Act. Subsequently decree of divorce by consent granted u/s 28 of Special Marriage Act. Now the question is:

1) Does the marriage stand dissolved on dissolution under Special Marriage Act, if the parties had also married under their Personal Law, without a dissolution or divorce under Personal Law?

2) Whether appeal filed by wife before Family Court would be maintainable?

 



 20 Replies

Khaleel Ahmed (Legal Advisor)     30 October 2009

Details of the  religion of parties have not mentioned. It is advised herewith ask a query always with full details.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     30 October 2009

plz mention the religion.

Regards
adv.kamal.grover@gmail.com

Sanjeev Kuchhal (Publishers)     30 October 2009

Sir, the wife is Muslim and husband is hindu.

K.S. Phani Bhaskar (ADVOCATE)     31 October 2009

Whether the husband converted into Muslim religion prior to marriage or not is not mentioned. Anyhow, the marriage stands dissolved on dissolution under Special Marriage Act, though the parties had also married under their Personal Law, without a dissolution or divorce under Personal Law, as the second Registration (Nikhanama) is only the continuation of the first Registration, since the first one still prevails.

With regard to second question, its not clear whether the wife has contested in the previous proceedings, her plea in the said proceedings. The question can be answered only with full details.

 

Ishika (Student)     01 November 2009

Hi... my mom is seeking divorce with my father.... he is into gambling since 9-10 years due to which we have faced several emotional and financial problems... he was a broker earlier... but due to his gambling he lost out his business... we had severe crisis... my mom had to sell of jewellery to pay his debts... she even started working 6 years back...my father refuses to improve... he even tried 2 committ suicide 3 years back... we saved him somehow... but now he has started gambling again... every 2 months he runs away from the house for few days then comes back and we have to pay his debts.... we are really tired and we want to separate... but he refuses to have a mutual divorce because he does not want to give us any share in the property... i need to know if my mom files a case can we get a share of the property...?? we have no place to go... i am a 21 year old girl... can my mom demand money for my marriage and education... also my father is now unemployed and my mom is a free lance beautician ... can she demand maintenance???

Adv Archana Deshmukh (Practicing Advocate)     02 November 2009

 File an application for maintainance u/s. 125 cr.p.c.

sanyog vyas (ADVOCATE)     08 November 2009

Is it possible to get a early date of a case in which the next date is alredy decided?

is there any procedure by which i can make a request  for changing the next fixed date?

it's a divorce case appeal under section 13.

thanks

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     10 November 2009

Hello Ishika ji,

Your mom can file DVA and demand shelter in the same house and you can claim maintenance and eduction expenses from your father.


Regards
adv.kamal.grover@gmail.com

 

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     10 November 2009

 

 

Dear Sanyog,

If the date is very long like 6 months or more then you may file early hearing application, contact ur lawyer.


Regards
adv.kamal.grover@gmail.com

K. Rajendra Prakash (Advocate)     12 November 2009

The marriage stands dissolved.

Sanjeev Kuchhal (Publishers)     12 November 2009

Ishika ji,

Though you are 21 years old still your mom can demand money from your father for your marriage and education.

Supreme Court in Jagdish Jugtawat's case 2002 (5) SCC 422 has laid down that though Sec. 125 of Cr.P.C. does not fix liability of parents to maintain children beyond attainment of majority, but right of a minor girl for maintenance from parents after attaining majority till her marriage is recognised under Section 20(3) of Hindu Adoptions and Maintenance Act, 1956.

 

Sanjeev Kuchhal (Publishers)     12 November 2009

Ishika ji,

Further I also agree with Kamal Sir. Case can be filed under Protection of Women from Domestic Violence Act, 2005 and that will resolve your worry about property.

K. Rajendra Prakash (Advocate)     13 November 2009

There lies no appeal against a consent decree.  You can claim money from your father for your education and marriage.

Adv. Biju Gopal (Advocate FAMILY LAWYERS Kottayam Kerala www.familylawyers.in)     13 November 2009

 You will get remedy under prevention of domestic violence against women act, Sec.125 IPC and also under personal law.  please consult a family court lawyer and give him your full details.  Your mother can file a suit for recovery of money and ornaments.

 

Adv. Biju Gopal

www.familylawyers.in


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