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Test Test (test)     19 January 2010

Enquiry of Special Hindu Marriage Act

Hello Sir,

I have marriaed one and half years a go with special hindu marriage act  and we did not live together and we does not have any s*xual relationship and nor even have any children.I want to take divorce from my wife and file a case against her. My lawer opinion is that our marriage registration was happen under "special hindu marriage act" and because of we did not live toger until now , so our marriage is "incomplete" and this marriage is "voidable".So please send me your opinion about me that how can i proof that this marriage is voidable under this Hindu special  marriage act?Please tell me your seggestion about this.



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 6 Replies

Test Test (test)     19 January 2010

Please anyone can answer me as soon as possible?i will be very thankful to him.

R.R. KRISHNAA (Legal Manager)     19 January 2010

Marriage is not consummated as there has been no co-habitation between you and your wife and thus voidable and you can claim divorce on this ground. 

Devajyoti Barman (Advocate)     19 January 2010

Section 25 of the Special Mariage Act deals with annulment of marriage on certain grounds including non-consummation of marrriage. Though it is indeed one of the grounds for declaing the marriage as a nullity but at the same time bear in mind that in the event od contest by your wife it would be verry difficult to prove the non consummation of marriage.

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA)     20 January 2010

I AGREE WITH DEVAJOYTHI BARMAN IT IS VERY DIFFICULT TO PROVE NON CONSUMATION OF MARRIAGE,

Test Test (test)     20 January 2010

Hello Sir,

First of all i am very thankful to you to give me this advice and it give me mental peace to me.Now the matter is both parties of me and my wife lives in the same area or city and both of our neighbours and relatives  know that we did not live together and so have no co-habitation and so i mean to say that how our opposition lawer can proove that we live together and have s*xual relationship between us as it is a arrange marriage?Please help me reguarding on this issue as my case will be submitted on court on comming Feb 2010.Please help me on this issue.Any help will be very useful key to my case.Please help me.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     22 January 2010

FIRSTLY GET IT CORRECTED THAT THERE IS NO SUCH ACT,NAMED AS SPECIAL HINDU MARRIAGE ACT.

HINDU MARRIAGE ACT AND SPECIAL MARRIAGE ACT BOTH ARE THERE.PLEASE CONFIRM ON WHICH ACT YOUR MARRIAGE HELD?

PROOVING OF CO HABITATION NOT DEPEND UPON THE ISSUE. WHO IS PETITIONER? HE/SHE HAS TO PROVE. BURDAIN OF PROVE IS ON HIS/HER SHOLDER.


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