Section 31 of The Special Marriage Act, 1954
1(1) Every petition under Chapter V or Chapter VI shall be presented to the district court within the local limits of whose original civil jurisdiction--
- (i)the marriage was solemnized; or
- (ii)the respondent, at the time of the presentation of the petition resides; or
- (iii)the parties to the marriage last resided together; or 2[(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition; or]
- (iv)the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is at that time residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years by those who would naturally have heard of him if he were alive.]
- (2)Without prejudice to any jurisdiction exercisable by the court under sub-section (1), the district court may, by virtue of this sub-section, entertain a petition by a wife domiciled in the territories to which this Act extends for nullity of marriage or for divorce if she is resident in the said territories and has been ordinarily resident therein for a period of three years immediately preceding the presentation of the petition and the husband is not resident in the said territories.
Summary
- This section decides which specific district court has the power to hear petitions for matrimonial relief.
- Standard petitions can be filed where the marriage took place, where the respondent currently lives, or where the couple last lived together.
- A wife who is filing a petition can also file it in the district court of the place where she is currently living.
- If the husband lives outside India or is missing for seven years, the petitioner can file where they themselves live.
- A wife living in India can file where she has lived for three years if she is domiciled in India and her husband lives abroad.
Practical examples
FAQ
1. Where should I file a divorce petition under the Special Marriage Act, 1954?
Under Section 31 of the Special Marriage Act, 1954, a petition can be filed in the district court where the marriage was solemnized, where the respondent resides, where the couple last lived together, or where the wife resides if she is the petitioner.
2. Can a wife file for divorce where she lives under the Special Marriage Act, 1954?
Yes, under Section 31 of the Special Marriage Act, 1954, if the wife is the petitioner, she has the specific right to present the petition to the district court within whose local limits she is residing on the date of filing.
3. Where do I file for divorce if my husband lives abroad under the Special Marriage Act, 1954?
Under Section 31 of the Special Marriage Act, 1954, if the husband lives outside India, the wife can file in the district court where she resides, provided she is domiciled in India and has ordinarily lived there for three years before presenting the petition.
4. What happens if the respondent has been missing for seven years under the Special Marriage Act, 1954?
Under Section 31 of the Special Marriage Act, 1954, if the respondent has not been heard of as being alive for seven years, the petitioner can file the petition in the district court of the area where the petitioner resides.
Test yourself
Q1.Under Section 31 of the Special Marriage Act, 1954, if a husband is the petitioner and his wife resides in Delhi, which of the following courts does NOT have jurisdiction to hear his petition?
Q2.Under Section 31 of the Special Marriage Act, 1954, what is the special residency rule that applies when a wife is the petitioner in a matrimonial case?
Q3.Under Section 31 of the Special Marriage Act, 1954, if a wife domiciled in India wants to file a petition for divorce but her husband resides in a foreign country, what requirement must she meet to file where she lives?
Q4.Under Section 31 of the Special Marriage Act, 1954, if a husband files a petition for divorce because his wife has not been heard of as being alive for seven years, where is he permitted to file?
Q5.Under Section 29 and Section 31 of the Special Marriage Act, 1954, if a wife seeks to file an early petition for divorce on grounds of exceptional hardship within six months of marriage, which court must she apply to for this leave?