Section 29 of The Special Marriage Act, 1954
- (1)No petition for divorce shall be presented to the district court 1[ 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 1[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 3[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 4[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 5[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 6[said one year.]
Summary
- The Act bans filing a divorce petition within the first year of registering the marriage certificate.
- A person can apply to the district court for permission to file early on grounds of exceptional hardship or exceptional depravity.
- If the court finds the early filing permission was got by lying or hiding facts, it can dismiss the case or delay the divorce decree from taking effect until the first year ends.
- The court must consider the interests of any children and the chances of the couple making up before granting early filing permission.
Practical examples
FAQ
1. What is the waiting period to file for divorce under the Special Marriage Act, 1954?
Under Section 29 of the Special Marriage Act, 1954, you cannot present a petition for divorce to the district court until one full year has passed from the date the marriage certificate was entered in the Marriage Certificate Book.
2. Can a court allow a divorce petition before one year of marriage under the Special Marriage Act, 1954?
Yes, under Section 29 of the Special Marriage Act, 1954, the district court can allow a petition to be filed earlier if the petitioner is facing exceptional hardship or the other spouse has shown exceptional depravity.
3. What happens if a person lies to get early permission for divorce under the Special Marriage Act, 1954?
Under Section 29 of the Special Marriage Act, 1954, if the court finds out that early permission was obtained by misrepresentation or concealment, it can either dismiss the petition or rule that the divorce decree will not take effect until the one-year marriage mark has passed.
4. Must the court look at the welfare of children when deciding on an early divorce petition under the Special Marriage Act, 1954?
Yes, under Section 29 of the Special Marriage Act, 1954, the district court must actively consider the interests of any children of the marriage before deciding to allow an early divorce petition.
Test yourself
Q1.Under Section 29 of the Special Marriage Act, 1954, what is the standard waiting period required before a couple can file a petition for divorce?
Q2.Under Section 29 of the Special Marriage Act, 1954, on what grounds can a district court allow a divorce petition to be filed before the standard waiting period has passed?
Q3.Under Section 29 of the Special Marriage Act, 1954, what can the court do if it discovers at the hearing that the petitioner obtained permission for an early filing by concealing important facts?
Q4.Under Section 29 of the Special Marriage Act, 1954, which of the following is the court legally required to consider when deciding whether to grant permission for an early divorce petition?