Author- admin
Date:July 3, 2022
Conditions for mutual divorce in Special Marriage Act 1954
Section 28 of Special Marriage Act 1954 provides following grounds on which a petition for dissolution of marriage can be presented in court:
(1) Both husband and wife has been living separately for a period one year or more, and
(2) They have not been able to live together, and
(3) They have mutually agreed that the marriage should be dissolved.
The above are the explicit conditions which are provided under Section 28 of Special Marriage Act 1954. All the above grounds are mandatory before a petition for dissolution of marriage is present in court.
If any of the above grounds are missing from the petition for dissolution of marriage, the Court may reject such petition.
Besides the grounds provided in Section 28 of Special Marriage Act 1954, there are some other conditions. These conditions court may weigh before granting decree of divorce by mutual consent. These are:
(1) Marriage is solemnised as per as per the provisions of Section 4 to 14 of the Special Marriage Act 1954.
(2) Parties to marriage i.e. husband and wife must have settled all their dispute or differences, if any
They must have entered in full and final understanding. Nothing should be left, which may be a reason of future contentions or litigation between the parties to marriage.
If any permanent alimony is to be given, the wife must have received all amount of alimony, or if the alimony is to be given in future dates or monthly the husband and wife must have entered into a written understanding in that respect.
(3) If Parties to marriage i.e. husband and wife has any child, they must have entered into an understanding as to how child to be raised. There must be a clear understanding of custody and finance of child education to be met.
Related read:
Conditions for mutual divorce in Hindu Law
Conditions for mutual divorce in Christian Law
Conditions for mutual divorce in Parsi Law
Mutual Divorce Process under Hindu Law
Mutual divorce process under Special Marriage Act 1954
Mutual Divorce Process in Christian law
Mutual Divorce Process in Parsi Law
Mutual divorce laws – Mutual divorce laws in India
Note: This article is posted by the team of NB Associates. The content(s) of this Article cannot be copied or reproduced without the express written consent of NB Associates.
Free online mutual divorce legal consultation
Free online mutual divorce case evaluation
If you have any other queries or questions related to Divorce by mutual consent you can contact us with the following details :
Call: 9811899279
Email: mail@nbassociates.net
Follow Us