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Aurora (Manager)     21 September 2009

X Party Divorce Query

Hello. in 2003, I got married under the special marriage act of 1954. My husband deserted me in USA in May 2007.

We completed 2 years of separation in May 2009. Due to the current economic situation, husband who is in USA  is unwilling to come to India for mutual divorce.

I emailed draft for X Party for his reference two times. everytime he asks for changes to be made. He refuses to give his USA postal address where we need tos end him summons.

His parents' home is in Mumbai, his permanent address is in Mumbai. Will it be valid if we send him the summons to his mumbai address?

What are my options? I have not asked for alimony or anything. i just want the divorce and move on with my life.

Can anyone advice me?

 

 



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 8 Replies

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     21 September 2009

u have wasted ur two years, this could be done in 2007 itself. If he is not willing for mutual divorce then u can get the divorce under section 13 A. Court will summon him in his local house or made publication and then divorce will be done.

Regards
adv.kamal.grover@gmail.com

09814110005

Aurora (Manager)     22 September 2009

Hello and thank you for your advice. I was studying in USA from 2006 to May 2009 and just got back to India. Since i was in USA, i did not have  the financial resources to come to india or have the divorce proceedings there.

We got married under the special marriage act of 1954 and did not undergo any religious ceremony. The section you have suggested seems to be for Hindu Marriage Act.

Will it work for marriages under Special Marriage Act?

Thanks!

 

Aurora (Manager)     22 September 2009

Infact since the marriage is under special marriage act of 1954,  the divorce proceedings will  take place in the civil court and not the family court.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     23 September 2009

Dear Author,

U will have to fil a ptition for seeking divorce u/s 27(1)(b) of Spcial; Marriage Act.N u r right, the same would be entertained by the civil Courts. U can contact me if u have further querries. My cell no. is -09871158578/09711364956

Aurora (Manager)     23 September 2009

Thank you kindly for your advice. SInce my husband is unwilling to give me his USA postal address, will it work if i send the summons to his permanent address in Mumbai? (His parents live there and he was born and brought up in Mumbai)

Thanks again.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     29 September 2009

Who is living in mumbai. If someone accepts on behalf of him like any of his relative then it is ok else you have to go through long process.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     29 September 2009

Regards

adv.kamal.grover@gmail.com

Adinath@Avinash Patil (advocate)     16 October 2009

AURORA,

YOU CAN FOLLOW THE PROCEDURE LAID DOWN IN C.P.C. ORDER 5 RULE  25 AND 26 FOR SERVICE OF SUMMONS.


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