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.
Responded 4 years ago
Responded 4 years ago