Section 29 of The Special Marriage Act, 1954 in hindi
- (1)No petition for divorce shall be presented to the district court 1[ unless at the date of the presentation of the petition one year has passed] since the date of entering the certificate of marriage in the Marriage Certificate Book: Provided that the district court may, upon application being made to it, allow a petition to be presented 1[before one year has passed] on the ground that the case is one of exceptional hardship suffered by the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the district court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the district court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the 3[expiry of one year] from the date of the marriage or may dismiss the petition, without prejudice to any petition, which may be brought after the 4[expiration of the said one year] upon the same, or substantially the same, facts as those proved in support of the petition so dismissed.
- (2)In disposing of any application under this section for leave to present a petition for divorce before the 5[expiration of one year] from the date of the marriage, the district court shall have regard to the interests of any children of the marriage, and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the 6[said one year.]
Summary
- Section 29 prevents a person from filing a divorce petition during the first year of marriage.
- A court may allow an earlier petition in cases of exceptional hardship to the petitioner or exceptional depravity by the respondent.
- If a petitioner tricks the court to get early permission, the court can delay the divorce decree's effect until the one-year mark passes.
- When deciding on an early petition, the court must consider the interests of any children from the marriage.
- The court must also look at whether there is a reasonable probability of the couple reconciling.
Practical examples
FAQ
1. According to Section 29 of The Special Marriage Act, 1954, can I get a divorce after 6 months of marriage?
Generally no, but Section 29 of the marriage act allows the district court to permit an early petition if you face exceptional hardship or your spouse shows exceptional depravity.
2. Under Section 29 of the marriage law, what happens if I lie to get an early divorce petition approved?
If the court discovers misrepresentation, Section 29 of The Special Marriage Act, 1954 says the court can delay the divorce decree from taking effect until one year from the marriage date expires, or dismiss the petition entirely.
3. Does Section 29 of The Special Marriage Act, 1954 care about children if a couple wants an early divorce?
Yes, Section 29 of the civil law requires the court to have regard to the interests of any children of the marriage when disposing of an application for early leave.
Test yourself
Q1.Under Section 29 of The Special Marriage Act, 1954, how much time must normally pass after the marriage certificate is entered before a divorce petition can be filed?
Q2.According to Section 29 of the marriage statute, on what grounds can a district court allow a divorce petition before the standard time limit has passed?
Q3.Under Section 29 of The Special Marriage Act, 1954, what might the court do if a petitioner obtains leave for an early divorce through concealment of facts?
Q4.What must the court consider regarding reconciliation under Section 29 of The Special Marriage Act, 1954 when dealing with an early petition?