Sec 28, 28 a of special marriage act

Narayan Saraf (Querist) 19 October 2011 This query is : Resolved
can any one advise me if i & my wife started living seprately from 03rd september, 2011 than by what time i can submit my petition for divorce under sec 28 and its sub section of special marriage act....

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M.Sheik Mohammed Ali (Expert) 19 October 2011
minimum one year you have to wait for divorce, or mutual divorce.

Narayan Saraf (Querist) 19 October 2011
more fact is that we got married on 15.03.2011 & now both the parties are ready for divorce mutually..

Advocate M.Bhadra (Expert) 19 October 2011
You can file divorce petition on and after 3.9.2012 (one year from the date of separation),even you got married on 15.3.2011.But you can mutually with your wife on an earlier date.

Shonee Kapoor (Expert) 20 October 2011
for mutual consent divorce 4th Sept 2012.

For cruelty: Anytime

For Desertion: 4th Sept 2013.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Sailesh Kumar Shah (Expert) 25 October 2011
Amendment needed in dates of Shri Shonee Kapoor:-(as amendment in section 28(2))

for mutual consent divorce 4th Mar 2012.

For Desertion: 4th Mar 2013.

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