Section 27A of The Special Marriage Act, 1954
1[27A. Alternative relief in divorce proceedings.-- In any proceeding under this Act, on a petition for dissolution of marriage by a decree of divorce, except insofar as the petition is founded on the ground mentioned in clause (h) of sub-section (1) of section 27, the court may, if it considers it just so to do having regard to the circumstances of the case, pass instead a decree for judicial separation.]
Summary
- Section 27A of this civil marriage law allows a judge to grant a judicial separation instead of a full divorce.
- This alternative relief of judicial separation means the couple is legally allowed to live apart, but they remain married and cannot remarry.
- The court can offer this option in any divorce proceeding, except when the divorce is filed because a spouse has been missing for seven years.
- The judge uses this power if they consider it just and fair, based on the specific circumstances of the case.
Practical examples
FAQ
1. What power does Section 27A of The Special Marriage Act, 1954, give to the court?
Under Section 27A of The Special Marriage Act, 1954, the court can grant a decree for judicial separation instead of a divorce if it feels it is fair and right under the circumstances.
2. Can a court grant a judicial separation instead of divorce under Section 27A of The Special Marriage Act, 1954, if the spouse has been missing for seven years?
No, under Section 27A of The Special Marriage Act, 1954, the court cannot offer this alternative relief if the divorce petition is based on a spouse being missing for seven years or more.
3. Why would a court use Section 27A of The Special Marriage Act, 1954, instead of granting a divorce?
Under Section 27A of The Special Marriage Act, 1954, the court uses its discretion when it believes that a temporary legal separation is more just or appropriate than completely dissolving the marriage.
Test yourself
Q1.Under Section 27A of The Special Marriage Act, 1954, on which ground of divorce is the court legally barred from granting a judicial separation as an alternative relief?
Q2.Under Section 27A of The Special Marriage Act, 1954, what is the legal effect of a decree of judicial separation passed as an alternative relief?
Q3.Under Section 27A of The Special Marriage Act, 1954, what must a court consider before deciding to pass a decree of judicial separation instead of a divorce?
Q4.Under Section 27A of The Special Marriage Act, 1954, if the court grants judicial separation instead of divorce, how does this affect a future petition for divorce under Section 27?