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General person (Job)     13 November 2013

Divorce- married under special act

Hi

Can anyone tel us what is the procedure to get divorce on mutual consent of being married under Special Act of Marriage. I am Hindu and husband is Muslim. 



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 1 Replies

Aazad Sufferer (Advocacy-Family and women oriented laws)     13 November 2013

Central Government Act
 
Section 28 in The Special Marriage Act, 1954


28. Divorce by mutual consent.-

1.Subject to the provisions of this Act and to the rules made thereunder, 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 six months after the date of the presentation of the petition referred to in sub- section (1) and not later than eighteen months] after the said date, if the petition is not withdrawn in the meantime, the district court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has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.
 

regards,

 

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