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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- 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
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- 46. Penalty for wrongful action of Marriage Officer.-
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- 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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April
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Friday, April 30, 2010
29. Restriction on petitions for divorce during first three years after marriage.
(1) No petition for divorce shall be presented to the district court unless at the date of the presentation of the petition one year has passed since the date of entering the certificate of marriage in the Marriage Certificate Book: Provided that the district court may, upon application being made to it, allow a petition to be presented before one year has passed] on the ground that the case is one of exceptional hardship suffered by the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the district court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case the district court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the expiry of one year from the date of the marriage or may dismiss the petition, without prejudice to any petition, which may be brought after the expiration of the said one year upon the same, or substantially the same, facts as those proved in support of the petition so dismissed.
(2) In disposing of any application under this section for leave to present a petition for divorce before the expiration of one year from the date of the marriage, the district court shall have regard to the interests of any children of the marriage, and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the said one year.
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