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Dileep Kumar (Owner)     24 November 2012

Seeking divorce after failure of restitution petition

Dear Sir,

I am dileep aged 30 years, married 3 years back.My wife preferred false 498a petition in police.Police forwarded it to doery prohibition officer and the case was closed as false.After that i preferred restitution of conjual rights under Indian Divorce Act 1869 and i was decreed with the restitution.But still after one year is passed, my wife is not coming and joining with me.Now can i seek divorce under Special Marriage Act 1954,because the waiting period is one year in this act,whereas in Indian Divorce Act, it is two years.

Please clarify my request.

Thanks



Learning

 4 Replies

ANAMIKA VICHARE (LAWYER)     24 November 2012

You have already obtained decree of restitution of conjugal rights.  Whether your decree is under s.9 of Hindu marriag act, then you have tyo seek decree of divorce u/s.13[1]1-I of hindu marriage act only.   separation period is 1 year after obtaining the decree.   This is called plain divorce in common parlance..You can send email anamika_vichare@rediffmail.com for fufthers queries to avoid revealing confidential things  Adv Anamika Vichare

Dileep Kumar (Owner)     24 November 2012

Dear Madam,

Thank you for your reply. I have seeked restitution under section 32 of Indian Divorce Act,1869.

Thanks

Rajeev Kumar (Lawyer/Advocate)     24 November 2012

I aggrre with Anamika though your case is under Special Marriage Act not under Hindu Marriage Act so you are free to file Divorce petition after expiry of one year from the date of getting the decree of restitution of conjual right from the court of law.

Dileep Kumar (Owner)     24 November 2012

Dear Sir,

Since i have obtained restitution with sec 32 of divorce act,1869, is it possible for me to file divorce with sec 27 of special marriage act,1954?

As per divorce act,1869 , the period is two years. I have obtained restitution decree with divorce act.

But as per special marriage act,1954, it is only one year. I want to apply divorce using special marriage act,1954.

I am a chirstains. This is my query.


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