How to File for Special Marriage Divorce
Both party like husband or wife can apply for cancelling the marriage agreement to the particular court individually. All conditions are similar for both parties regarding marriage separations. The husband can file a petition as per Section 3 of the Divorce Act, 1869 and the wife also can as under section 10.
Some ideal conditions for divorce are given below:
- IF any party is married to another man or woman.
- Any of them was found blameable of cruelty, infidelity.
- If any of the couple has converted to another religion.
- If the husband has been found blameworthy of raping someone.
The court can instruct for termination of the marriage if the appellant can properly submit his or her proofs in front of the court. On the other hand, the court can reject the petition if he thinks the claim is surreptitious.
Which Documents are Needed for Special Marriage
- National Identification Card or NID Card
- Proof of address
- Parents name, full address, phone numbers
- Full Name, Father and Mother’s Name, and full address of 3 (Three) Witnesses
- 4 Passport Size Photographs of the both parties
- Each witness NID card photocopy and 2 passport sized photos
When Special Marriage Can Be Abolished
According to the Section 18, any party can file for a petition to the High Court Division or District court to postpone their marriage.
The respective court can declare the marriage is revoked if certain scenarios arised like if the couple violate any condition of the Special Marriage Act, if the wife or husband was alive during the time of marriage, if the witness is ineffectual or marriage between the couple was happened in force.
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