Special marriage act prohibits the filing of divorce petition within one year of marriage. Registrar of marriage with intra religious christian, jewish, hindu, muslim, parsi, buddhist, sikh or jaina religion and marriage of. An ordained minister of any church in india, a clergyman of the church of scotland, a marriage registrar or a special. This study is an elaboration of the divorces that is based on the. Section 28 of the special marriage act, 1954 and section 10a of the divorce act, 1869, also provides for divorce by mutual consent. Now it is very important that every indian should know at least some of the basic things about the special marriage act. What are the grounds for divorce under the special marriage act, 1954.
The special marriage act, in addition to making provisions for the grounds upon with either parties, can approach the district court for dissolution of marriage, also. An act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce. Marriages under special marriage act not governed by personal. Petitions v special marriage act 1 under civil marriage there is an additional ground for.
What is special marriage act, who will marry under this act. The special marriage act, 1954 the act, was enacted to provide a special form of marriage, to persons in india, and indian nationals abroad. This section is consistent with section 9 of the hindu marriage act, 1955, section 36 of the parsi marriage and divorce. The hindu marriage act is applicable for cases where the husband and wife both are hindus, buddhists, jains or sikhs and if they were converted to any of these. A marriage between any two persons belonging to any religion or creed may be solemnized under this. Petition for mutual consent divorce under special marriage act. The myanmar buddhist women s special marriage law d raft. The indian divorce, act special marriage act, the parsi marriage and divorce act and the hindu marriage act, provide for annulment of the marriage, since its. Any marriage celebrated, whether before or after the commencement of this act, other than a marriage solemnized under the special marriage act, 1872 or under this act, may be registered under this. Under the special marriage act it was laid down that a couple may present a petition for divorce by mutual consent on the ground that they have been living. Registrar office of the special marriage registrar.
Special marriage act has carved a simple means to legally register a marriage between two people from different religion, however even if both of the intending parties belong to the same religion, they can. Rafiqul islam chowdhury is the first licensed special marriage registrar in bangladesh under the special marriage act, 1872 to register special marriages. The special marriage act, 1954 as amended under the marriage laws amendment act, 1976 recognises the following eight fault grounds for divorce. The special marriage act1954 degree of prohibited relationship. Under the act, any two persons irrespective of their religion can get married. Divorce laws in india free legal advice online lawywered. The special marriage act, 1954 is an act of the parliament of india enacted to provide a special form of marriage for the people of india and all indian nationals in foreign countries, irrespective of the religion or faith followed by either party. The special marriage act is, therefore, a special law enacted to provide for a unique form of marriage by registration wherein the parties to the marriage do not have to renounce their religion. Subject to the provisions of this act and to the rules made thereunder, a petition for divorce may be presented to the district.
Dissolution of marriage by mutual consent section 10a. Adultery means sexual intercourse1, which is voluntary2 in nature, between the spouse of a person and some third person, who is not hisher spouse and such intercourse should take place during the subsistence of a valid marriage 3. Moreover, in case the court has reason to believe that the petitioner had to experience hardships or the. The marriage laws amendment bill, 2010 to amend the hindu marriage act, 1955 and the special marriage act, 1954 to making divorce easier on ground of irretrievable breakdown of marriage was. A petition for divorce may be presented to the district court by both the parties together on the ground. Yes, you can file for divorce from your side but you wont get divorce just by filing it. What are the grounds for divorce under the special. Marriage and divorce law reforms eastern book company. The speed with which parliament passed the reforms in the hindu marriage act. Special marriage act 1954 section 27 divorce forms. The special marriage act, 1954 provides a special form of marriage, its registration and divorce.
During divorce annulment or marriage annulment proceedings of the people married under special marriage act, the issue of child custody often becomes a matter for the court to determine. Special marriage act 1954 history, scope, requirement. How to get divorce in special marriage act the special marriage act deals with inter caste and interreligion marriages for more videos visit below link special marrige act 1954 s. What is the difference between special marriage act and. Section 27 in the special marriage act, 1954 indian kanoon. On what grounds can i file for divorce under special. My ir1 immigrant visa was denied due to only issue regarding legality and validity of. The act also covers the provisions of solemnization, registration, consequences, nullity if marriage, divorce and maintenance. A petition for divorce on the ground of cruelty us lia of the hindu marriage act 19551107. Parties to a marriage generally do not have divorce in mind while contracting any form marriage recognizable.
Mutual consent divorce is governed by section 28 of the special marriage act, 1954 which states that. This law shall be called the myanmar buddhist womens. Special marriage between foreigners under the special marriage act, 1872 and success of u. Grounds for divorce under special marriage act are as follows. Special marriage act 1954 in hindi by ishan youtube. Special marriage act 1954 in hindi by ishan in this video you will see a lot information about special marriage act 1954 in hindi. Special marriage service bangladesh special marriage bd. Divorce by mutual consent in india step by step procedure. Section 10a introduced by the 2001 amendment now allows all marriages whether solemnized before or after such amendment to be dissolved by mutual consent provided that the. As per section b of hindu marriage act, 1955 and section 28 of the special marriage act, 1954, the couple should be living separately for at least one year before divorce proceedings can begin. How to get divorce in special marriage act youtube. On what grounds can i file for divorce under special marriage act answered by expert divorce lawyer. Stey by step procedure to file for a mutual divorce. Thus, adultery consists of voluntary sexual intercourse but this sexual intercourse does not have to be necessarily complete.
According to the act, a marriage is legitimate if at least one of the parties is christian. The special marriage act provides a special form of marriage, its registration and divorce. Know your legal rights divorce law in india vakilsearch. Be it enacted by parliament in the fifth year of the republic of india as follows.
Itll have to be a contested divorce because after you file divorce summons will be issued to the opposite. For parties to seek divorce by mutual consent, they. The muslim, christian and parsi communities, on the other hand, have their own laws governing marriage and divorce. Everything you need to know about nonconsummation of marriage. A petitioner that is a spouse in a legally contracted marriage can seek for a divorce by applying for a petition for.
Generally, where a spouse is convicted under the india penal. Each party may submit a divorce petition to the district court on the ground that there has been no resumption of. Marriages under special marriage act not governed by. Custody of child under special marriage act,1954 overview. Divorce under the special marriage act 1954 in india. Grounds for divorce under special marriage act page 1. Grounds for divorce under special marriage act essay. A marriage between any two persons belonging to any religion or creed may be solemnized. The special marriage act, 1954 is an act of the parliament of india enacted to provide a special. Hi team, two of my friends got married under special marriage act a month ago. The man had challenged the maintainability of divorce proceedings, which were being heard as per the special marriage act, but the family court.
Special marriage act 1954 section 27 divorce judgments. The act provides for a special form of marriage in certain cases. How to register marriage under special marriage act in india. Stey by step procedure to file for a mutual divorce information news. Section 241 ii lays down on petition by husband or wife marriage will be declared null and void on the ground that respondent husband or wife was impotent at the time of.
Under the hindu marriage act, 1955 both the husband and the wife have been given a right to get their marriage dissolved by a decree of divorce on more than one ground specifically. Matrimonial relief under the special marriage act, 1954. Bearing in mind the generality of the provisions of the special marriage act, 1954 and the rules made pursuant to it. Marriage and divorce law reforms the marriage laws amendment act, 1976 by paras diwan cite as. The conditions required under section b of the hindu marriage act are as follows. Spouses belonging to different communities and castes can seek. Practical problems with the special marriages act law. Divorce by mutual consent under the special marriage act. The special marriage act has designed a simple means of legally registering a marriage between two people of different religions, but even if both the concerned parties belong to the same religion, they. What are the grounds for divorce under the special marriage act.
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