mutual divorce u/s 28 of SMA

Querist : Anonymous (Querist) 11 January 2011 This query is : Resolved
Can the husband and wife file mutual divorce petition after one year of their marriage ?

In that case will the court call them after six months of the date of filing of divorce petition ?

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Parveen Kr. Aggarwal (Expert) 11 January 2011
Under section 28 of the Special Marriage Act, 1954 a petition for divorce by mutual consent cannot be filed unless the husband and the wife have been living separately for a period of one year or more at the time of presentation of the petition.

On the motion of both the parties made not earlier than six months after the date of the presentation of the petition and not later than eighteen months after the said date, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.

Kirti Kar Tripathi (Expert) 12 January 2011
Mr. Praveen is correct. I support his views.

Amit Minocha (Expert) 12 January 2011
one yr of seperation after marriage is mandatory to file petition for mutual divorce

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