Divorce,Marriage law
Grounds for divorce under Hindu marriage act and special marriage act?
My marriage was held according to Hindu Rites but was registered under Special Marriage Act. Now my husband does not allow me to have physical relations with him. I am told in such circumstance I can have divorce under Special Marriage Act.
By  Anonymous  |  22 Nov 2016  |  Upvotes: 0  | 

1 Answer(s)

Soumya
Advocate

Marriage solemnized according to Hindu rites subsequently registered under the Special Marriage Act, would not confer upon a spouse the right to annual marriage under s. 25 (I) of the Special Marriage Act. Under s. 25 (I) willful refusal of a respondent spouse to consummate the marriage is a ground for annulling the marriage at the instance of the petitioner. On no such ground a Hindu Marriage under the Hindu Marriage Act could be annulled although impotence at the time of marriage and its being continued till the institution of the proceeding was such a ground.

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