Legal Question in Family Law in India

proceedure to apply for divorce

Hai, I am--name removed--doing my B.Com in Bangalore, Just 4 months back I got married under Special Marriage Act 1954 ( all required formalities are fulfilled ) with my boy friend. The same day my parents came to know about this matter and finally I am decided to divorce our marriage ( No Sexual relationship between me & my husband ), but it is already 4 months over. Can i get divorce without going to court, because me & my parents don�t want to go to court and we don�t want to public this matter. My husband doesn�t agreeing for the divorce, but I want divorce, what is the solution. Can my husband take this case to the court, if yes how to avoid it.


Asked on 5/16/05, 1:24 am

4 Answers from Attorneys

Balasubramanya Beeranna Balasubramanya&Ramesh Associates

Re: proceedure to apply for divorce

First and foremost You people are unstable, You have got married and now regretting for the mistake.

Both you and the boy sit together and discuss and come to certain terms for mutual divorce.

The Courts will not immediately grant divorce so soon, probably it will take some time, Then also the judge will call you and discuss with you whether you want to divorce.

So You must be prepared to wait and settle the matter in court for divorce.

for further clarifications meet Mrs Hamsa a lady advocate. she will guide you if required her phone No.22250936

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Answered on 5/18/05, 4:20 am
Sarosh Bastawala ADVOCATE - SUPREME COURT OF INDIA

Re: proceedure to apply for divorce

Once you are married then only a competant court can nullify this. You can get a DIVORCE by MUTUAL CONCENT under the Special Marriage Act provided both the parties agree and the mandatory period have lapsed and the court approves of the Divorce. Alternately you Husband can approach a court for restitution of conjunal rights, if he so desires.

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Answered on 5/16/05, 1:31 am
Vivek Anand M/S.VIVEK ASSOCIATES

Re: proceedure to apply for divorce

The marriage already solemnised has to be terminated by an order of the court. Your husband can file a suit for restitution of conjugal rights, or else if both of you are in agreement to terminate the marriage, then you have the convenient option of filing a mutual consent petition for annuling the marriage. You can also contact us on 080-51211322 for any further help.

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Answered on 5/16/05, 9:32 pm
Jayesh Desai Jayesh Desai

Re: proceedure to apply for divorce

Your marriage has not been consumeed (No sexual relationship) hence it may be possible to annul (not divorce) on that ground. Without intervention of the Court nothing can be done.

Contact some appropriate lawyer - where you reside.

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Answered on 5/16/05, 9:48 pm


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