The Petitioner/Plaintiff and the O.P./Defendant got married under the Special Marriage Act, 1954 on 07th January, 2013. And on 01st December, 2017, the Petitioner/Plaintiff instituted a Petition/Plaint for divorce against the O.P./Defendant under Section 13 of the Hindu Marriage Act, 1955 with the false aligations. And Her aligations are :- 1. That the petitioner and respondant are husband and wife and their marriage was performed on 06/12/2012 at Registry office and after the marriage both the parties has never lived together as husband and wife since 05 years. 2. The marriage was not solemnized according to the rituals and traditions of Hindu family, it is only a registry marriage under Hindu Marriage Act 1955 and neither they performed honeymoon or nor any cohabitation since the date of registry marriage. 3. That since the petitioner is the sole daughter and heir of the parents and the respondent is indulging and blackmailing and threatening of expose of their private photographs on the facebook of 42 spectram. 4. Blackmailing by O.P./defendant through mobile communication. 5. Heavy monitory demand by O.P./defendant from Plaintiff's father. 6. That registry marriage is also doubtful and Plaintiff was not presented before the district registering authority. 7. Cause of action arose on 06/12/2012 when the marriage of the both the parties were performed, It also arose on several occasions and lastly on 30/09/2017 when the respondent has last given marriage on the face book. . It is submitted that the Certificate of Marriage under the Special Marriage Act was filed by the O.P./Defendant along with the petition of RCR U/s 22 of SMA 1954 on 05/02/2018. It is further submitted that the aforesaid Certificate of Marriage dated 07th January, 2013 is deemed to be conclusive evidence of the fact that marriage under the SMA 1954 had been solemnized and that all formalities respecting the signatures of witnesses have been complied with. So, the parties to such a marriage will not be governed by any of the provisions of the Act. Is the learned Family Court has jurisdiction to entertain and try the Petitioner/Plaintiff’s petition under HMA 1955? As both the parties are governed by the Special Marriage Act. The divorce petition/plaint filed by the plaintiff is gross abuse and misuse of the process of law and is, therefore, dismissed? Please help! how to reject divorce plaint filed by wife? Please provide me a petition format for rejection of divorce plaint Under CPC.
A.There are several grounds to get the suit dismissed but it is better to talk in person. Go through my profile and put a request for consultation there. Admins will get in touch with you
Helpful
Helpful
Share
Ambrose Leo
Responded 5 years ago
A.Yours is complicated and serious issue, better to take help of a professional family matter senior lawyer to protect on all issues of the case and safeguard your interest quickly.
Dear Sir,
It depends upon the circulars issued by the State and Central Government. Normally, the income for the last preceding year will be taken into consideration.
Dear Madam,
All Indian laws are in favour of married women. You can file multiple cases against your husband like Domestic Violence, Maintenance etc., to bring your husband and his family members unde...
Dear Madam,
All Indian laws are in favour of married women. You can file multiple cases against your husband like Domestic Violence, Maintenance etc., to bring your husband and his family members unde...
Dear Client,
In the given scenario, being a Sr. Citizen, you can resolve the issue by exercising your rights available under different laws of the land. Amongst others, you can file a complaint again...
Dear Client,
When you are experiencing such type of toxic and abusive behaviour from your own parents, you can get in touch with a social worker or NGO who renders dedicated service to help you out o...
You have selected a Lawyer whose location is different from your Location , if you wish to take phone consultation kindly pay and get the details of the Lawyers.
Type of Consultation
Fees
Phone Consultation
₹
Meeting Consultation
₹
Email Consultation
₹
Video Conference
₹
Request for quotation from the Lawyer.
You are a new user, please validate for security reasons
❶ Client Posts a Question by paying some amount
❷ All Paid Answers will be shown in N-Indicator (Open to Answer)
❸ You can reply and respond to the question
❹ Answer will be Approved by Admin based on content and on first come first serve basis.
❺ If answer is Approved then you will get your share. Status will be A-Indicator (Approved).
❻ If there are many Answers Posted then your Answer may get approved with a Lock. That means Client can view your response only if Client Unlocks by Paying Extra Amount. Status will be AL-Indicator ( Approved and Locked).
❼ If there are many Answers Posted you will Waitlisting tag. Waitlisting Answers may get Approved with a Lock or may not get Approved. It will be decision made by the Admin.
❽ Your share will depened on the number of Answers received and weightage given to your answer based on promtness and content.
➒ All amount will be accumulated and will be shared once in a month.
Your question is posted successfully. You will get your responses soon. You will be notified by mail and sms once Lawyer responds. THANK YOU! For any query drop a mail at [email protected] or call at 7604047601
Your question is posted successfully on the open forum. You will get your responses soon. You will be notified by mail and sms once Lawyer responds. THANK YOU! For any query drop a mail at [email protected] or call at 7604047601