Divorce Under the Special Marriage Act, 1954 – A Comprehensive Guide
Divorce Under the Special Marriage Act, 1954 – A Comprehensive Guide
The Special Marriage https://lawsathi.com/Act, 1954 (SMA) is a secular law that governs interfaith and inter-caste marriages in India. It provides for registration, rights, and dissolution of marriage irrespective of religion. Divorce under this Act follows specific legal provisions ensuring a fair and just process for both parties.
Grounds for Divorce:
A petition for divorce can be filed by either spouse based on the following grounds:
A. General Grounds Applicable to Both Spouses
Adultery – If a spouse engages in extramarital relations, the other can seek divorce.
Desertion – Continuous abandonment for a period before filing the petition.
Cruelty – Physical or mental cruelty making cohabitation impossible.
Unsound Mind – If a spouse suffers from mental illness preventing normal marital life.
Venereal Disease – If a spouse has an incurable sexually transmitted disease.
Leprosy – A spouse suffering from a serious case of leprosy can be a ground for divorce.
Presumption of Death – If a spouse is missing for seven years, they are presumed dead, allowing divorce.
B. Additional Grounds Available Only to the Wife
Husband’s Conviction for Rape, Sodomy, or Bestiality – If the husband is convicted, the wife can seek divorce.
Non-Resumption of Cohabitation After Maintenance
Order – If the husband fails to comply with a judicial separation or maintenance decree for one year.
Divorce by Mutual Consent:
A couple can seek a divorce by mutual consent under the following conditions:
They have lived separately for a period.
They cannot live together due to irreconcilable differences.
Both mutually agree to end the marriage.
Procedure:
Joint Petition – Both spouses file a petition before the District Court.
Cooling-Off Period – The court grants six months to reconsider the decision. (This can be waived in exceptional cases).
Final Hearing – After six months (or earlier if waived), if both still wish to separate, the court grants a decree of divorce.
Judicial Separation vs. Divorce:
Judicial Separation – The spouses remain married but live separately. They can reunite anytime without remarriage.
Divorce – It is a permanent legal dissolution of marriage.
Alimony & Maintenance:
The court may grant permanent or interim alimony based on the financial needs of the spouse.
Factors include income, assets, standard of living, and financial dependency.
Custody of Children:
The court considers the welfare of the child while deciding custody.
Custody may be sole, joint, or visitation rights based on circumstances.
Property & Financial Settlements:
Assets acquired before and during marriage are considered for settlement.
Court ensures fair distribution of assets and liabilities.
Appeal & Remarriage:
Appeal Period: The aggrieved party can appeal within 90 days of the divorce decree.
Remarriage: Allowed only after the appeal period has expired or if no appeal is filed.
Conclusion
The Special Marriage Act, 1954 ensures a fair and secular legal framework for divorce, providing relief to couples facing marital discord. It balances legal rights, social security, and financial justice, ensuring protection for both parties.
Disclaimer: This article is for educational and informational purposes only. It provides a general understanding of legal remedies but does not constitute legal advice. For specific legal guidance, you can just consult the legal matter expert.
