Any marriage solemnized under this Act shall be voidable and may be annulled by a decree of nullity if-
(i) The marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage; or
(ii) The respondent was at the time of the marriage pregnant by some person other than the petitioner; or
(iii) The consent of either party to the marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872 (9 of 1872) Provided that, in the case specified in clause (ii), the court shall not grant a decree unless it is satisfied,
(a) That the petitioner was at the time of the marriage ignorant of the facts alleged;
(b) That proceedings were instituted within a year from the date of the marriage; and
(c) That marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree: 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 had 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.
THE SPECIAL MARRIAGE ACT, 1954; ACT NO 43 OF 1954. An Act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce. Come into force from 9th October, 1954.
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April
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- 21.Succession to property of parties married under...
- 21A. Special provision in certain cases.
- CHAP RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL S...
- 22. Restitution of conjugal rights.
- 23. Judicial separation.
- CHAP NULLITY OF MARRIAGE AND DIVORCE CHAPTER VI NU...
- 24. Void marriages.
- 25. Voidable marriages.
- 26. Legitimacy of children of void and viodable ma...
- 27. Divorce.
- 27A.Alternative relief in divorce proceedings.
- 28. Divorce by mutual consent.
- 29. Restriction on petitions for divorce during fi...
- 30. Remarriage of divorced persons.
- CHAP JURISDICTION AND PROCEDURE CHAPTER VII JURISD...
- 31. Court to which petition should be made.
- 32. Contents and verification of petitions.
- 33. Proceedings to be in camera and may not be pri...
- 34.Duty of court in passing decrees.
- 35. Relief for respondent in divorce and other pro...
- 36. Alimony pendente lite.
- 37. Permanent alimony and maintenance.
- 38.Custody of children.
- 39. Appeals from decrees and orders.
- 39A. Enforcement of decrees and orders.
- 40. Application of Act 5 of 1908.
- 40A. Power to transfer petitions in certain cases.
- 40B. Special provision relating to trial and dispo...
- 40C. Documentary evidence
- 41. Power of High Court to make rules regulating p...
- CHAP MISCELLANEOUS CHAPTER VIII MISCELLANEOUS
- 42. Savings
- 43. Penalty on married person marrying again under...
- 44. Punishment of bigamy
- 45. Penalty for signing false declaration or certi...
- 46. Penalty for wrongful action of Marriage Officer.-
- 47. Marriage Certificate Book to be open to inspec...
- 48. Transmission of copies of entries in marriage ...
- 49. Correction of errors.-
- 50. Power to make rules.
- 51. Repeal and savings.
- THE SPECIAL MARRIAGE ACT, 1954 – sections & subjects.
- THE SPECIAL MARRIAGE ACT, 1954 ACT NO. 43 OF 1954 ...
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