Grounds for divorce under special marriage act
The main reason why the Special Marriage Act 1954 was passed is so that the people in India and all Indian nationals living in foreign countries to have a special form of marriage irrespective of their religion and their faith. The act is implementable in all the states except Jammu and Kashmir.
The Act also covers the provisions of solemnization, registration, consequences, nullity if marriage, divorce and maintenance. This study is an elaboration of the divorces that is based on the grounds of Section 27 and 28 of this act.
Under s.27 of the Special Marriage Act it is stated that:
Divorce.-(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 either by the husband or the wife on the ground that the respondent-
(a) has, after the solemnization of the marriage had voluntary sexual intercourse with any person other than his or her spouse; or
(b) has deserted the petitioner for a continuous period of not less than two years immediately proceeding the presentation of the petition; or
(c) is undergoing a sentence of imprisonment for seven years or more for an offence as defined in the Indian Penal Code (45 of 1860); or
(d) has since the solemnization of the marriage treated the petitioner with cruelty; or
(e) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind, and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.
(f) has been suffering from venereal disease in a communicable form; or
(g) has been suffering from leprosy, the disease not having been contracted from the petitioner; or
(h) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of the respondent if the respondent had been alive.
Section 28 states that:
28. Divorce by mutual consent. (1) Subject to the provisions of this
The Act also covers the provisions of solemnization, registration, consequences, nullity if marriage, divorce and maintenance. This study is an elaboration of the divorces that is based on the grounds of Section 27 and 28 of this act.
Under s.27 of the Special Marriage Act it is stated that:
Divorce.-(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 either by the husband or the wife on the ground that the respondent-
(a) has, after the solemnization of the marriage had voluntary sexual intercourse with any person other than his or her spouse; or
(b) has deserted the petitioner for a continuous period of not less than two years immediately proceeding the presentation of the petition; or
(c) is undergoing a sentence of imprisonment for seven years or more for an offence as defined in the Indian Penal Code (45 of 1860); or
(d) has since the solemnization of the marriage treated the petitioner with cruelty; or
(e) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind, and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.
(f) has been suffering from venereal disease in a communicable form; or
(g) has been suffering from leprosy, the disease not having been contracted from the petitioner; or
(h) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of the respondent if the respondent had been alive.
Section 28 states that:
28. Divorce by mutual consent. (1) Subject to the provisions of this