Section 27 of
the Special Marriage Act lays down the provisions relating to divorce. The
various grounds for divorce are:-
(a)
Having voluntary sexual
intercourse with any person other than his or her spouse;
(b)
Desertion for a continuous
period of not less than two years;
(c)
Undergoing imprisonment for
seven years or more for an offence under IPC;
(d)
Treated petitioner with
cruelty;
(e)
Incurable unsoundness of mind;
Subsection 1-A
provides for wife’s special grounds of divorce as:-
(i)
The husband has been guilty of
rape, sodomy or bestiality;
(ii)
In a suit under section 18 of
hindu adoption and maintenance act or section 125 CrPC a decree was passed and
the wife has been living separately.
Subsection 2
further provides that a petition for divorce may be presented on the following
grounds:-
(i)
There has been no cohabitation
between the parties for a period of one year or upwards after the passing of
decree for judicial separation;
(ii)
There has been no restitution
of conjugal rights for a period of one year or upwards after the passing of
said decree.
Section 28 of
the Act provides for divorce by mutual consent. A petition maybe presented by
both parties that they have been living separately for a period of one year or
more and they jointly decide that the marriage should be dissolved.
my brother got married in june 29 2012 under the special marriage act and wanted his wife to live with him but she continously refused to stay with him telling him she wanted to complete her master degree and that she needed about a yr to do so and that also from her parents place.Now the thing is since the time they have been married they haven't cohabited together now when my brother is asking her to live with him she is constantly refusing to come. now my brother is opting for a divorce under which grounds can he do so and how
ReplyDeleteWhile the answer to your question is already in the post, you should go to a lawyer who specializes in these matters.
ReplyDeleteI am 72 year years young senior citizen consulting Engineer-Import substitute of products. My Registered Marriage is a late one at the age of 40 when my wife was 35 years old in the year 1984. We have two issues daughter and son. In the recent past 2011 my wife filed a divorced suit where I appeared in person which is decided in her favour as all applications are ignored on the ground that my W.S was not proper in October 2015. it is beyond my limit to file appeal in H.C. In the married period, [1]in 1987 we have purchased a flat on her name where my contribution was 30%, [2]in 1995 we have purchased on her name the N.A. plot in Pune where my contribution was 50%, [3] In 1996 I have purchased N.A. plot at Sangli on joint name but payments from my current account and [4]In 1999 I have purchased a flat on my name as M. U. between me and my friend. She has never disclosed her immovable assets either to her semi Govt. office or to IT Dept.. When the divorced matter was in the court she had sold he plot @ about 75L and may have booked the Res. flat. My question is shall I have a lawful claim on where I had contributed as husband due to the vast period it is very difficult to collect documents to me also of that particular years. hoping for the Response. rasabhi2002@rediffmail.com
ReplyDeleteI am 72 year years young senior citizen consulting Engineer-Import substitute of products. My Registered Marriage is a late one at the age of 40 when my wife was 35 years old in the year 1984. We have two issues daughter and son. In the recent past 2011 my wife filed a divorced suit where I appeared in person which is decided in her favour as all applications are ignored on the ground that my W.S was not proper in October 2015. it is beyond my limit to file appeal in H.C. In the married period, [1]in 1987 we have purchased a flat on her name where my contribution was 30%, [2]in 1995 we have purchased on her name the N.A. plot in Pune where my contribution was 50%, [3] In 1996 I have purchased N.A. plot at Sangli on joint name but payments from my current account and [4]In 1999 I have purchased a flat on my name as M. U. between me and my friend. She has never disclosed her immovable assets either to her semi Govt. office or to IT Dept.. When the divorced matter was in the court she had sold he plot @ about 75L and may have booked the Res. flat. My question is shall I have a lawful claim on where I had contributed as husband due to the vast period it is very difficult to collect documents to me also of that particular years. hoping for the Response. rasabhi2002@rediffmail.com
ReplyDeleteYour wife is the absolute owner of the property purchased in her name and you cannot claim any share. You have 50% share in the property you purchased jointly with her. You have right only on the properties that are in your own name.
Delete