The Special Marriage Act, 1954
34. Duty of court in passing decrees. –
(1) In any proceeding under Chapter V or Chapter VI, whether defended or not, if the court is satisfied that,-
(a) any of the grounds for granting relief exists; and
(b) where the ground of the petition is adultery, the petitioner has not in any manner been accessory to or connived at or condoned the adultery, or, where the ground of the petition is cruelty, the petitioner has not in any manner condoned the cruelty; and
(c) when divorce is sought on the ground of mutual consent, such consent has not been obtained by force, fraud or undue influence; and
(d) the petition is not present or prosecuted in collusion with the respondent; and
(e) there has not been any unnecessary or improper delay in instituting the proceeding; and
(f) there is no other legal ground why the relief should not be granted; then, and in such a case, but not otherwise, the court shall decree such relief accordingly.
(2) Before proceeding to grant any relief under this Act it shall be the duty of the court in the first instance, in every case where it is possible so to do consistently with the nature and circumstances of the case, to make every endeavor to bring about a reconciliation between the parties.
The Special Marriage Act, 1954
