What is the rule of Special Marriage Act?
Conditions for marriage The groom must be at least 21 years old; the bride must be at least 18 years old. The parties should be competent in regard to their mental capacity to the extent that they are able to give valid consent for the marriage. The parties should not fall within the degree of prohibited relationship.
What are the wife’s special grounds available for divorce?
These grounds are such as desertion, adultery, cruelty, venereal disease, leprosy, insanity, and conversion. Under sub-clause (2) of section 13 of the Act, there are available four ground on which the wife alone can file a divorce petition.
What is the minimum time for divorce?
How much time does it take? Divorce by mutual consent can be obtained within six months, but no petition in such a case can be filed within first year of marriage. There also has to be gap of six months between the first and second motions. The court can waive this cooling off period in some cases.
Who can get divorce under Special Marriage Act?
Both the parties to a marriage may jointly present a petition for divorce before the District Court on the grounds that:
- they have been living separately for a minimum period of one year;
- they have not been able to live together; and.
- they have mutually decided that their marriage should be dissolved.
Is 6 months mandatory for divorce?
The Delhi High Court has waived the six-month cooling off period under the law and granted divorce decree to an estranged couple by mutual consent, observing that keeping them tied to a legal bond would only mean snatching away from them the opportunity to lead a fulfilling life.
How do I file for divorce under a Special Marriage Act?
Divorce by Mutual Consent
- Only after one year from the date of entering the wedding certificate in the Marriage Certificate Book then only the petition can be presented.
- The petition seeking divorce by mutual consent could be submitted to a district court within its jurisdiction, either,
What is section 28 of Special marriage Act?
(1) Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the district court by both the parties together on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have …
What is the consequence of marriage under Special Marriage Act?
A person who marries under the Special Marriage Act and then converts to the partner’s religion is entitled to invoke the jurisdiction of a family court instead of personal law for dissolution of marriage, the Delhi High Court has ruled.
How can I get a quick divorce in India?
1. No fixed time period. The parties have to be present before the court for as many times as it seeks. The maximum cooling off period between the first and second petition is 18 months after which on presentation of second petition, and satisfaction of court, divorce decree can be granted.
What are the laws of divorce in India?
Some of the laws which govern divorce in India are as follows: The Special Marriage Act was passed in the year 1954, which is an inter-religious law permitting Indian Nationals to marry and divorce irrespective of their religion or faith. Section 27 of the Special Marriage Act 1954 provides grounds for divorce which are
What are the grounds for divorce with Special Marriage Act of 1954?
The grounds for divorce with the Special Marriage Act of 1954 in view exist in three (3) folds:- Grounds for dissolution of marriage which is available to both spouses, Divorce by mutual consent of both spouses.
How to file a contested divorce in India?
A contested divorce can be filed under Section 13 of the Hindu Marriage Act, 1955 or Section 2 of the Dissolution of Muslim Marriage Act, 1939 or Section 10 of the Indian Divorce Act, 1869 or Section 32 of the Parsis Marriage and Divorce Act, 1936. iii. The petition must be properly drafted with legal grounds mentioned and documents attached.
Why is there no special marriage law in India?
Since Indians believe in marriages with proper rituals, customs, and ceremonies that include pomp and show & extravagant celebrations, none of them is required by the Special Marriage Act. The fundamental requirement under this Act for a valid marriage is the consent of both parties to the marriage.