Divorce
kiran
(Querist) 07 November 2014
This query is : Resolved
(1) husband is hindu
(2) wife- muslim
(3) marriage regstered under bombay registration of marrige act 1953 since feb 1999 with hindu custom
(4) now spauce has two child
(5) spauce living in surat
(6) husband and wife agree for divorce
Now my questin is:-
which act and section under filing divorce petition
A. hindu marrige act section 13-b
B. special marrige act section 28
C. another
please answer and suggestion with high court Or supreme court judgement
Devajyoti Barman
(Expert) 07 November 2014
Under the Act wherein the marriage was registered.
R.K Nanda
(Expert) 07 November 2014
u being lawyer find out at ur own.
ajay sethi
(Expert) 07 November 2014
since both belong to separate religions marriage should have been solemnised under special marriage act . file for divorce under SMA . marriage could not been solemnised under HMA as both are not hindus
Rajendra K Goyal
(Expert) 08 November 2014
The marriage is registered under Hindu Marriage Act, divorce would be filed as per that act till both turn to Muslim by changing religion accordingly.
kiran
(Querist) 13 November 2014
(1) husband is hindu
(2) wife- muslim
(3) marriage regstered under bombay registration of marrige act 1953 since feb 1999 with hindu custom
(4) now spauce has two child
(5) spauce living in surat
(6) husband and wife agree for divorce
Now my questin is:-
which act and section under filing divorce petition and how?
T. Kalaiselvan, Advocate
(Expert) 13 November 2014
In the given context, it can be presumed that the marriage was solemnised under special marriages act, hence provisions of section 28 of special marriage act will be applicable for mutual consent divorce.
Devajyoti Barman
(Expert) 13 November 2014
Sorry, I failed to notice that it was a regular professional query which i do not reply.
