swarnarka chowdhury (student) 21 July 2016

Claiming of divorce under hindu marriage act

Hi please can anyone let me know if performance of hindu rites in marriage necessary for Hindu couple to claim divorce under Hindu marriage act. If performance of rituals not needed please provide me judgment or citation if any. Note that the marriage is registered under special marriage act but they have not performed ceremony

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4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 21 July 2016

It is not necessary but grounds dor divorce are necessary.,

NARENDER RAO BASAVARAJU (Advocate) 21 July 2016

If the marriage is solemnized under the special marriage act 1954,then there is no necessity of ceremonies and section 27 of the act governs the Divorce.

under this section 27, certain grounds are needed for the Divorce

JustAdvisor (IT) 21 July 2016

marry by the SMA, divorce by the SMA!

swarnarka chowdhury (student) 21 July 2016

Thank you all.... Just one qurey....What if both parties are Hindu by birth and marriage took under specila marriage act can the wife still file divorce under Sec 13 of HMA? and please provide any citation if available stating that ceremony is not essential for claiming divorce under HMA