Special Marriage Act 1954

Special marriage act:- Sec.28. Divorce by mutual consent.-(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 by both the parties together on the ground that

(i) They have been living separately for a period of one year or more,

(ii) That they have not been able to live together and

(iii) That they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the district court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that

(i) A marriage has been solemnized under this Act and

(ii) That the averments in the petition are true,

pass a decree declaring the marriage to be dissolved with effect from the date of the decree.

 you have to make a joint petition by both the spouses; where it will be mentioned that;

i) You have been living separately for not less than a period of one year or more,

(ii) you have not been able to live together and

(iii) You both mutually agreed that the marriage should be dissolved.

This will be addressed to the Disstt Judge of your district. After that you both will be called for hearing.

attach the photocopy of your marrtage certificate alongwith the petition.

A joint petition duly signed by both the parties.

Merrage certificate or Affidavit declaring date of marriage.

Its been more than 1 year that we are staying apart , Also the marriage has not been registered . How can I proceed on divorce.

Thanks

Mr. arun, have you gone through a hindu marriage with her?

if it is not, then it is not a marriage.

if you married her and the marriage not registered, then divorce should be taken under sec 13 of the hindu  marriage act.

Thanks for your prompt reply, may I know the what is the process of going ahead with that . None of the terms mentioned in the sec 13 mentioned are not satisfied . What should someone do if the relationship itself.is not stable

please post your problem. you have to find a reason among cruelty desertation and some other grounds. better you put a seperate thread, you will get pleanty of answers.