Divorce
Narayan Saraf
(Querist) 19 October 2011
This query is : Resolved
is it mandatory to live apart for atleast one year to get divorce under sec 28 of special marriage act... even if we both file joint petition before one year ..
Nadeem Qureshi
(Expert) 19 October 2011
yes it is mandetory
28. Divorce by mutual consent. -
(1) Subject to the provisions of this Act and to the rules made there under, a petition for divorce may be presented to the district court by both the parties together on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
(2) On the motion of both the parties made not earlier than one year after the date of the presentation of the petition referred to in sub-section (1) and not later than two years after the said date, if the petition is not withdrawn in the meantime, the district court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized under this Act and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of the decree.
Devajyoti Barman
(Expert) 19 October 2011
It is mandatory and can not be waived.
prabhakar singh
(Expert) 19 October 2011
okay! but experts are noticing that he is asking the same thing since yesterday.
