Mutual Divorce

Querist : Anonymous (Querist) 22 July 2010 This query is : Resolved
Social marriage on 8 Deec 2004. Then subsequently registered on 11 Sept 2005 under Special Marriage Act 1954 with effect from 8th Dec.
Both Parties are Hindus.
Under which Act the mutual divorce have to be filed?
SMA or HMA?
Parties has one male child but wife has no claim..whether it should be mentioned in the petition itself?

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Raj Kumar Makkad (Expert) 22 July 2010
Hindu Marriage Act and the custody of the child should be specifically mentioned in the divorce petition so that it may become part of decree.

Querist : Anonymous (Querist) 22 July 2010
Raj Kr. Makkad Ji, I am confused,,,need further explanation..
Sec.18 of the Special Marriage Act says that marriage registered under this chapter shall be deemed to have been solemnized under this Act. Then how mutual divorce petition can be filed under HMA?

Kindly provide little more information..

Devajyoti Barman (Expert) 22 July 2010
If the marriage certificate is under special marriage act then under this act only the petition for mutual divorce is to be filed . But given the facts of your case the certificate should have been given under hindu marriage act.
You can mention about the name and date of birth of the child and any terms regarding his welfare.

Chanchal Nag Chowdhury (Expert) 24 July 2010
Petition will have to be filed under SMA.
Yes. It has to be a term of the settlement.

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