Need divorce

Speak to your british wife and along with her co-operation seek mutual consent divorce which would get over in 6 months .And your tragedy would be over  and your situtation would improve and you can re-marry again .

1. First search locally and hire an advocate and if you feel to reply after reading these replies then first clarify if marriage we are sitting here to discuss is done under Special Marriage Act?

Now assuming this brief falls under Special Marriage Act under which parties marriage took place then;

2. It is true that S. 28 (1) of the Special Marriage Act provide for divorce by mutual consent where the parties have been living separately for at least one year and that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

3. Also note that it is under S. 28 (2) Special Marriage Act on the motion of both the parties made not earlier than 6 months after the date of the presentation of the petition referred to in sub- section (1) of S. 28 Special Marriage Act and not later than 18 months] after the said date, if the petition is not withdrawn in the meantime, the district Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized under this Act and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of the decree.

It would be benefitial to discuss with hired advocate effects of S. 18 of the Act due to peculiarity of this brief which provides that where a Certificate of Marriage has been finally entered in the Marriage Certificate Book under Chapter III of the Act, the marriage shall, as from the date of such entry, be deemed to be a marriage solemnised under the Act. Chapter-IV provides for the consequences of marriage solemnised under the Act.

thanks for reply yes the marriage was special act and we regestered in india she stayed only 1 week now more than15monthsshe lives in london  we are talking daily and she agree if i want to marry a girl but i want to do all legally to avoid any probelms and iam muslim and she is chirstain we are ok for regelios just in case may be it will help u to give me more suggestions i hope can get more advice from you please thanks

Then it is a very straight forward case.

1. First suggestion is to locally search and hire an Advocate and give him brief of Mutual Consent Divorce of parties under SMA as per above hinted Sections of Law. [LCI has Lawyer search faciity on right top red link you may search one from there as per your city or mention here your city someone may contact you directly]

2. He will seek few identification documents of both parties and few inputs relating to marriage and prepare a joint petition and file it in jurisdiction Court and get it admitted and for first and second motion statement of parties which is put at gap of 6 months apart the lady has to come twice to the Court to give her Consent Statement under mutual consent.

3. If she finds it difficult to come then check if the Court complex has video conference facility and get "submissions by video conference allowed by the Court" and now all she has to do is present at Indian High Commissions Office nearest to her residence in UK and depose in MCD under SMA case via video conference link. I have already detailed about video conference divorce route in some of the old post which you can search and read / understand them if that is the case she is opting for otherwise there is also a second option that is via PoA she can also depose in a mutual consent Divorce matter without need to come to India and/or if she is ready to come twice to Court (India) then omit this video conference / PoA advise.

You are master of your facts re-read simple opinion language and may act accordingly.

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SMA = Special Marriage Act
MCD = Mutual Consent Divorce
PoA = Power of Attorney 

With the help of a lawyer via reference, file for a mutual consent divorce.. State that the marriage was done under SMA...

Power of attorney shall work in her absence with the option of video conference too....

Regards

Chetan(dot)7679(at)gmail(dot)com