divorce from marriage under indian special marriage act?
hi, i am italian married with a indian under the special marriage act, only 5 months have gone by and we have decided to divorce, what are the procedures? i have read that there should be proof that the couple has lived separately for 1 year, is this a compulsory step or it can be avoided? what to do? help plzz!!!
- 1 decennio faRisposta preferita
Under the Special Marriage Act,1954, the divorce proceedings & order for divorce within first year of marriage is not allowed.
One year of living separately is required before filling for divorce by mutual consent.
The divorce granted after six months but within eighteen months of filling of the divorce petition.
These are the statutory provisions or the general rule of law, however there exist exception to the general rule only if there exist exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent then court may allow the divorce within first year of marriage or condone the six months time period but I again will state that is only in exceptional cases not as general rule.Fonte/i: I am a Lawyer.
- 1 decennio fa
the proof should be of six months separation not 1 year