What are the grounds of divorce under the Special Marriage Act 1954?

Section 27(1) of the SMA, 1954 deals with ‘desertion as a ground for divorce’. The section requires a period of atleast two years desertion as a pre-condition to a decree for divorce.

How do I get a divorce under a special marriage act?

Section 28 of the Special Marriage Act, 1954 and Section 10A of the Divorce Act, 1869, also provides for divorce by mutual consent. The conditions required under section 13B of the Hindu Marriage Act are as follows: (i) Husband and wife have been living separately for a period of one year or more.

What are the 5 grounds for divorce in India?

Following are the 9 common legal grounds for divorce which are widely present in all current enactments on divorce law:

Adultery.
Desertion.
Insanity.
Conversion.
Renunciation.
Cruelty.
Venereal disease.
Presumption of death.

What is condition for marriage under Special Marriage Act?

At the time of marriage, neither party has a spouse living. The first marriage ought to be a valid marriage. Neither party is unable to give valid consent. The male should have 21 years of age, and the female should have 18 years of age. The parties are not within the degrees of prohibited relationship.

Who and how a person can marry under Special Marriage Act?

The Special Marriage Act, 1954 is an Act of the Parliament of India with provision for civil marriage (or “registered marriage”) for people of India and all Indian nationals in foreign countries, irrespective of the religion or faith followed by either party.

Can a wife live separately without divorce?

You can stay separately without divorce although your husband can file a case under section 9 of the hindu marriage act for restitution of conjugal rights. Also in cases of less than one year of marriage for divorce due permission of the court is required.

Can I get divorce without any reason?

The court cannot force any one to give or not to give divorce to his/her spouse. It can only decide whether the spouse who files a petition for divorce, is entitled to divorce or not. If you do not want to give divorce then you may contest the divorce proceedings initiated by your wife as and when she initiates it.

What is the consequence of marriage under Special Marriage Act?

A person who marries under the Special Marriage Act and then converts to the partner’s religion is entitled to invoke the jurisdiction of a family court instead of personal law for dissolution of marriage, the Delhi High Court has ruled.