My husband and I, both Bengalis, got married under the Special Marriage Act seven months ago. However, I was forced to leave after just a week due to unbearable mental abuse. I’ve been living with my family ever since. My husband lives abroad, and when I visited him six months ago, he wasn’t at his listed address. He refused to meet or talk to me, even when local police tried to reach him. I returned to India that day and haven’t heard from him or his family since. I want to file for divorce. When can I do so, and under what circumstances could the process be delayed or denied?

Apni Law
Apni Law
Law Forum › Category: Divorce › My husband and I, both Bengalis, got married under the Special Marriage Act seven months ago. However, I was forced to leave after just a week due to unbearable mental abuse. I’ve been living with my family ever since. My husband lives abroad, and when I visited him six months ago, he wasn’t at his listed address. He refused to meet or talk to me, even when local police tried to reach him. I returned to India that day and haven’t heard from him or his family since. I want to file for divorce. When can I do so, and under what circumstances could the process be delayed or denied?
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Apni Law Staff asked 1 year ago

My husband and I, both Bengalis, got married under the Special Marriage Act seven months ago. However, I was forced to leave after just a week due to unbearable mental abuse. I’ve been living with my family ever since. My husband lives abroad, and when I visited him six months ago, he wasn’t at his listed address. He refused to meet or talk to me, even when local police tried to reach him. I returned to India that day and haven’t heard from him or his family since. I want to file for divorce. When can I do so, and under what circumstances could the process be delayed or denied?

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Best Answer

Apni Law Staff answered 1 year ago

Under the Special Marriage Act, you can file for divorce after one year of marriage. However, your husband’s absence and refusal to communicate could be considered grounds for divorce under the grounds of desertion and cruelty. The process could be delayed or denied if your husband challenges your claims or if there are any unresolved legal issues.

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