Divorce under special marriage act 1954. What are the Grounds for Divorce under the Special Marriage Act, 1954? 2022-10-21
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Divorce under the Special Marriage Act, 1954 is a legal process through which a couple can end their marriage. The Act provides for the registration of marriages and divorce among people of different religions, as well as the solemnization of such marriages. It applies to the whole of India, except the state of Jammu and Kashmir, and allows for the dissolution of marriage on certain grounds.
One of the main grounds for divorce under the Act is irretrievable breakdown of the marriage. This means that the marriage has been irreparably damaged and cannot be salvaged. Other grounds for divorce include cruelty, desertion, and adultery.
To file for divorce under the Act, either spouse must have been resident in India for a period of at least six months prior to the filing of the petition. The petition must be filed in the district court where either spouse resides.
The process of divorce under the Act involves the filing of a petition by either spouse, followed by the serving of a notice to the other spouse. The other spouse then has the opportunity to contest the petition. If the petition is not contested, the court may grant a decree of divorce. If the petition is contested, the matter will be heard by the court, which will decide whether or not to grant the divorce.
In cases where the couple has children, the court will also consider issues related to their custody, maintenance, and education. The court may order the payment of alimony to the spouse who is financially dependent on the other.
The Special Marriage Act, 1954 provides a legal framework for the dissolution of marriage in cases where the couple belongs to different religions or one of them is an Indian citizen while the other is not. It ensures that the process of divorce is fair and transparent, and takes into consideration the rights and interests of both spouses and any children involved.
Grounds Of Divorce Under special Marriage Act, 1954
But in the case of adultery, such a duty as onerous as the one imposed on the petitioner in criminal cases was later deemed unnecessary. The burden of proving that the respondent is alive lies with the person who asserts it. This ground for dissolution of marriage must be be relied on subject to the overriding dictates of the Special Marriage Act, 1954 and the rules made pursuant to the Act. This solution was not divorce, i. These impediments classify the marriage into Void and Voidable Marriages.
What are the Grounds for Divorce under the Special Marriage Act, 1954?
A marriage between members of two different castes is referred to as an inter-caste marriage. Grounds for Divorce The District Court is the proper forum for filing a divorce petition on any of the following grounds: Adultery The respondent to the case has committed adultery since the solemnization of the marriage. However, parties wishing to obtain a divorce by mutual consent must bear in mind that the Act also contains provisions dealing with the granting of alimony and maintenance, both permanent and during the pendency of the proceedings. The burden of proof lies with the petitioner that the respondent is of unhealthy mind or has suffered from such a kind of mental disorder continuously or intermittently and to such an extent that it is not reasonable to expect the petitioner to live with the respondent. The current Special Marriage Act, 1954, 1954 , was thus framed and implemented along the lines of the colonial statutory provision in newly independent India, which was highly essential to ensure that the secular fabric of the nation remained tightly knit after it had been significantly torn due to the after-effects of the partition of 1947. The Special Marriage Act provides for marriage solemnization as well as registration by a marriage officer.
Special Marriage Act, 1954 : All you need to know about
Now the casting vote on the choice of the matrimonial home is not with the husband or wife, but it is a matter that has to be decided in a friendly manner between them. Only one of the parties to the marriage may request it to be avoided. She did not attempt to rejoin the husband and continued her job as a teacher. The Act has established laws for lawful marriage, invalid marriage, voidable marriage, registration procedure, reasons for divorce, support, child status, and remarriage. The applicability of the Special Marriage Act, 1954 extends to every individual who is a Hindu, Muslim, Sikh, Christian, Jew, Buddhist living in India as well as Indian nationals residing overseas. All the legal implications of a valid marriage flow as long as it is not avoided.
THE GROUNDS OF DIVORCE PROVIDED BY THE SPECIAL MARRIAGE ACT 1954
However, no spouse may utilise the presumption of death to presume oneself to be a widower or widow and remarry. The Special Marriage Act of 1954 is applicable to all Hindus, Muslims, Sikhs, Christians, Jews, and Buddhists residing in India as well as Indian nationals living abroad. In the cases Tirath Kaur v. The parties must have completed the minimum age limit to marry i. The marriage is dissolved once a person is considered to be deceased, and the person requesting relief is then allowed to get married again. This solution is now called judicial separation, allowing the parties to live separately from each other, without dissolving the marriage bond, with the option of re-uniting and re-living together if conditions change subsequently. The materials on this website are neither intended to be nor should they be interpreted as, legal advice or opinion.
Six months after the presentation of the petition but not later then eighteen months, both parties are required to move a motion in the Court for seeking a decree of divorce. As a result, any individual desirous of marrying another individual might do so under the aforementioned Act. The Marriage Officer is mandated to conduct an inquiry into its validity within a 30-day window period of time, during which the marriage can not be solemnized in case of any objections. In Kuldeep Singh Meena v. Read Also: Categories Tags Post navigation. No one is able to remarry until the divorce decree. Other prerequisites for a lawful marriage include the permission of the parties, with both parties entering into the marriage providing acceptable consent.
What grounds to obtain a Mutual Divorce under the Special Marriage Act?
The application must be filed in accordance with the required format, which is listed in schedule two of the act. This ground exist when there is a physical or mental form of torture or abuse which has left the petitioner to believe that he or she cannot continue to live with the respondent. Â In the district court, the petition is filed. A petition for divorce can be filed on the ground of willful withdrawal of a spouse from the marital bond without any reasonable cause for a continuous period of two years. She was held not guilty of desertion.
Jagedeeswari vs Anand Mohankumar, the court held inter alia held while considering the Hindu Marriage Act, 1955 which also admitted infirmity of the mind as a ground for divorce; the infirmity of the mind complained of by the petitioner must be of such extent that the petitioner will not be reasonably expected to continue living with the Respondent. The notice thus received will be published by displaying it in a noticeable place in the office of the Marriage Officer. The parties are free to live apart from one another after the passing of the decree. If the District Court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section 1 , it may at the instance of either party, vary, modify or rescind any such order in such manner as it may seem to the Court to be just. With modernization coupled with westernization, liberal education and intellect independence, there has been a constant rise in the percentage of individuals tying knots outside their own communities. Therefore, the legislators enacted the Special Marriage Act to legalize inter-caste marriages in India to stop violating fundamental rights. This instance may arise where the husband and wife had lived separately for a period exceeding one 1 year, and are not able to live together.
Special Marriage Act: Maintenance For Wife & Children
It is worthy to submit that the aforementioned grounds which may be relied upon in approaching a court for dissolution of marriage may be relied upon independently. These are also grounds for prosecution on criminal charges. Provided further that in the case specified in clause iii , the Court shall not grant a decree if: a proceedings have not been instituted within one year after the coercion has ceased or, as the case may be, the fraud had been discovered, or b The petitioner has with his or her free consent lived with the other party to the marriage as husband and wife after the coercion had ceased or, as the case may be, the fraud had been discovered. Neither of them should be of unsound mind or liable to get a recurring insanity act. Section 13 of the Act deals with marriage certification.
The marriages can be solemnized either within a reasonable distance from the office of the marriage officer or at such other place as the parties may wish. However, in some instances where the petition is subject to ultimate hardships, the court would accept the petition. The ultimate right of a person to choose a life partner is unaffected in the least by religious considerations. It is up to him to prove that the desertion was without justification, occurred against his will and without his consent, and continued for the duration of the statutory period. After the expiry of 30 days from the date that such notice was published, the marriage is then said to be solemnized.