My wife and I got married in 2004 under the Special Marriage Act, keeping it a secret from both our families. We lived separately until 2007, when we had a small ceremony and she moved in with my parents. Her family didn’t attend and basically disowned her. Later, in 2010, she got a government flat and we started living there. Now, in 2014, she filed a police complaint against me under sections 498A, 406, and 34, after I initiated divorce proceedings and moved out. Can section 406 be applied in a court marriage?

Apni Law
Apni Law
Law Forum › Category: Divorce › My wife and I got married in 2004 under the Special Marriage Act, keeping it a secret from both our families. We lived separately until 2007, when we had a small ceremony and she moved in with my parents. Her family didn’t attend and basically disowned her. Later, in 2010, she got a government flat and we started living there. Now, in 2014, she filed a police complaint against me under sections 498A, 406, and 34, after I initiated divorce proceedings and moved out. Can section 406 be applied in a court marriage?
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Apni Law Staff asked 2 years ago

My wife and I got married in 2004 under the Special Marriage Act, keeping it a secret from both our families. We lived separately until 2007, when we had a small ceremony and she moved in with my parents. Her family didn’t attend and basically disowned her. Later, in 2010, she got a government flat and we started living there. Now, in 2014, she filed a police complaint against me under sections 498A, 406, and 34, after I initiated divorce proceedings and moved out. Can section 406 be applied in a court marriage?

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Apni Law Staff answered 2 years ago

Under the Special Marriage Act, a court marriage is legally valid. However, Section 406 (criminal breach of trust) applies when someone dishonestly misappropriates property entrusted to them. For this to apply, your wife would need to prove that you had misappropriated her property, which is a separate issue from the divorce proceedings.

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