(1) Subject to the provisions of this Act and to the rules made there under, 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 mutually agreed that the marriage should be dissolved.
(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months] after the said date, if the petition is not withdrawn in the meantime, the district court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized under this Act and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of the decree.
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.
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