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Author Topic: MSD Divorce: Married as per spl marriage act and after 2days as per hindu ritual  (Read 612 times)

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Offline tenispro2000

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Greetings to all

A couple are seeking mutual consent divorce. They were first married as per special marriage act,1954 and after 2 days, married as per hindu rituals but no registration was done for that thinking that there marriage is already registered(not knowing that the registered marriage and registration done after hindu rituals is totally different).

Should the couple seek for divorce as per special marraige act or hindu marriage act?

If divorced under Hindu marriage act then will the divorce be valid, as generally, first marriage is upheld as legal marriage and unless divorce is not done for the first marriage, the second is considered null. Only difference here is that the same couple is married twice.

What should do to properly getting divorced with no strings attached?

Thanks in advance

Offline advbose

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You are married under special marriage act, now divorce under that whats the problem.

there is no question of second marriage here, when persons involved are same.

Offline tenispro2000

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Greetings!

Thanks for the reply!

We don't understand law much. The lawyer has got signature on petition under Hindu marriage act and says that he has submitted it to the department unofficially for correction. They will correct it and tell to make handwriting changes or add separate affidavit. He kept mentioning that we should file it under Hindu marriage act as filing under Special marriage act is complicated. When asked what is complication, he says you will not understand it. Please advise.


Offline adv.amarnath

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Rubbish ideology and making simple thing complicated. If you are a lawyer then I am very much tensed for your client who are seeking divorce to such a lawyer who is himself confused with a simple situation. If you are layman then the lawyer who has taken up your matter will surely complicate this simple issue after taking lump sum of professional fee with zero result. I think Bar Council of India should take examination with 50% pass mark for all practising lawyers. Then litigants will get proper advice or relief.

Anyway, once Marriage has been registered in Special MArriage Act, then parting couple should file MCD petition under Special Marriage Act only. Subsequent social marriage followed by hindu customs and rites does not matter. It was a mere show off.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline tenispro2000

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Thanks for your reply sir!!!

There are still a lot for real professional lawyers who charge 0 money for right advise which keeps our hope alive on the lawyer community.

We want to get our documents(signed petition and other supporting documents) from him along with refund of some kind. He has not given any receipt, visiting card. How should we go about it? We have lost all trust and confidence in him so getting this important work done from him is not possible. Please advise.

 

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