I’m Married Under The Indian Special Marriages Act Can I Divorce In One Year?
Anyone who marries someone from a different caste or religion in India is subject to the Special Marriage Act of 1954. Only if a person’s marriage has been solemnized in accordance with the Special Marriage Act of 1954 after completing the requirements may they submit a divorce petition in the District Court.
The Act outlines a number of circumstances in which the parties may wish to dissolve their marriage. These circumstances may fall into one of three categories.
Grounds for Divorce under the Special Marriage Act of 1954
- The grounds for adultery would just require one instance of consensual extramarital sex. It should be noted that attempting to do so does not automatically constitute adultery. Although the Act lists adultery as a reason for divorce, it is supported by traditional religious ideas since doing so frequently weakens the sanctity and stability of marriage.
- According to the definition, cruelty is any act, conduct, or behaviour that puts another person’s life in danger, harms their health or reputation, or causes them mental distress. In this case, the behaviour and actions of the spouse are more important than the spouse’s intentions since they must be so serious that no reasonable person should be able to tolerate them.
- Desertion is “full disregard to marital responsibilities.” The grounds for divorce include a spouse’s intentional withdrawal from the marriage for a continuous period of time without a good explanation. However, the abandoned spouse must not have approved of such a withdrawal. A combination of genuine mental or physical abandonment and the desire to desert must constitute the cause for desertion.
- The other party may file a divorce petition by citing this ground if the other party cannot reasonably cohabitate with the other due to the other party’s persistent or intermittent mental condition. However, if a person suffered a mental illness without telling their spouse before the marriage was solemnized, the marriage would be considered voidable.
Grounds for Divorce (Only for Wife) under the Special Marriage Act of 1954
The wife may use the following grounds to file for divorce under the Special Marriage Act of 1954-
- If the husband has a criminal history that includes rape, bestiality or sodomy, however, a divorce decree cannot be given unless his guilt is established in court and he is found guilty of committing the applicable offense.
- After a year since the wife’s maintenance decree was passed, cohabitation has not yet started.
Role of Lawyers
Selecting a reputable divorce lawyer in your area is the first stage in the divorce process after you decide to file for a contested divorce within a year.
- When you make a decision, there must be a reason for it. A contested divorce lawyer who is knowledgeable about divorce law will check to see if one of the grounds for divorce listed in family law applies. The lawyers will then send notice to the other spouse outlining all of the accusations and reasons for divorcing while also inviting the other side to file for divorce and dissolution.
- The primary step in the divorce process in India is the issuance of a summons, in which case the court notifies the spouse through a notice along with the divorce petition and other related documents. The spouse is served with a summons to appear in court and respond to a petition filed in family court. It’s a crucial step in the divorce process because the divorce process cannot begin if the spouse is not given notice.
- The lawyers help in proving the grounds for divorce under which he/she was unable to live with their partners. The charges such as for adultery, cruelty etc. should be framed against the accused party.
You will need a lawyer to draft and file divorce petitions, issue summons to the opposite party and frame arguments against the opposite party for a contested divorce within one year of marriage.
If you want to file a contested divorce case in Gurgaon, then divorce lawyer in gurgaon can be appointed, and if you want to file a contested divorce case in Kolkata, then divorce lawyers in kolkata can be assigned. Likewise, divorce lawyer in delhi can be assigned if you want to file a contested divorce case in Delhi.
You can talk to a lawyer at Lead India. At Lead India, you can ask questions to experts online for free and get free legal advice online.
Visit Us: — https://www.leadindia.law
Call Us: — +91–8800788535
Email: care@leadindia.law
YouTube: — https://www.youtube.com/c/LeadIndiaLawAssociates
Facebook: — https://www.facebook.com/leadindialaw
LinkedIn: — https://www.linkedin.com/company/76353439
Twitter: — https://twitter.com/leadindialaw
Pinterest:- https://in.pinterest.com/lawleadindia
Instagram: https://www.instagram.com/leadindialawofficial
divorce lawyer in delhi, divorce lawyer in gurgaon, divorce lawyers in kolkata
