DIVORCE / RELIEFS UNDER SPECIAL MARRIAGE ACT

SECTIONS AND GROUNDS FOR MATRIMONIAL RELIEFS UNDER SPECIAL MARRIAGE ACT,1954

NATAURE OF REMEDIES

NATURE OF
REMEDY

RELEVANT PROVISIONS UNDER THE SPECIAL
MARRIAGE
ACT, 1954

1. Restitution
of Conjugal rights
Section 22
Withdrawal from the
Society of other spouse without reasonable
excuse
2. Judicial  Separation Section 23
On all the grounds of divorce U/s 27 (1)
and 27 (1-A) (See the grounds under the divorce column
bellow)
3. Nullity & Annulment Section 24 and 25

  1. Has a spouse living at the time of marriage.
  2. Unsoundness of mind.
  3. Mental disorder.
  4. Insanity.
  5. Male not completed the age of 21 years. Female not completed the age
    of 18 years.
  6. Parties are within the degrees of prohibited relationship.
  7. Non consummation of marriage.
  8. Pregnant at the time of the marriage by some other person other than
    husband.
  9. Consent was obtained by coercion or
    fraud.
4. Divorce by Mutual consent Section
28

Parties living separately for one year and upwards and they
have not been able to the together and they mutually agreed to dissolve
the marriage.
5. Divorce Section 27

  1. Adultery (S 27(1) (a)
  2. Desertion for a period of 2 years (S27 (1)(b) without reasonable
    cause
  3. Undergoing a sentence of imprisonment for 7 years or more (S27
    (1)(c)
  4. Cruelty (S27 (1)(d)
  5. Unsound mind and mental disorder (S 27(1) (e)
  6. Suffering from venereal disease (S 27(1) (f)
  7. Suffering from leprosy (S 27(1) (g)
  8. Not heard of being living for 7 years (S 27(1)
    (h)

Petition by wife only

  1. Husband being guilty of rape, sodomy or bestiality (S 27 (1-A)
    (i)
  2. Wife receiving maintenance when cohabitation not resumed for one
    year or upwards (S 27(1-A) (ii)
  3. No resumption of cohabitation for one year or upwards after the
    decree of judicial separations  (S 27(2) (i)
  4. No restitution of conjugal rights for one year or more after the
    decree of restitution of conjugal rights (S 27(2)
    (ii)
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2 thoughts on “DIVORCE / RELIEFS UNDER SPECIAL MARRIAGE ACT

  1. Please let me know the legal options available in case of adultry on the part of the husband and he is asking for separation. Anyhelp is greatly appreciated.
    Thanks
    Joyce

  2. Dear sir

    My wife is Russian she is in Moscow now from last 4 months and don’t want to come back to live with me and i don’t want to go to Russia so and she want to do as she likes so i want to take divorce from her please suggest me what should i do we are married under special marriage act..

    thank you

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