Querist :
Anonymous
(Querist) 20 March 2011
This query is : Resolved
Marriage was solemnesed under Special Marriage Act on2006. Husband filed Divorce under section 36-Cruelty.Now wife filed interim maintenance petition under Indian divorce Act.Whether wife have right to file under separate Act?
Devajyoti Barman
(Expert) 20 March 2011
No it is not permissible unless the wife has initiated another matrimonial proceeding under Indian Divorce Act.
SANJAY DIXIT
(Expert) 26 March 2011
When marriage was solemnesed under Special Marriage Act, all post marital judicial proceedings should be governed by Special Marriage Act. I'm unable to understand frm ur query, of which Act, husband filed U/section 36 for divorce???
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