enerscript/MARRIAGEACT · Datasets at Fast360

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mentioned in clause (h) of sub-section (1) of section 27, the court may, if it considers it just so to do
having regard to the circumstances of the case, pass instead a decree for judicial separation.]
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)
3
[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date, if the petition is not withdrawn in the meantime, the district court shall, on being satisfied, after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.
29. Restriction on petitions for divorce during first one year after marriage.―(1) No petition for
divorce shall be presented to the district court 4
[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 5
[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
6
[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 7
[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 8
[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 9
[said one year].
30. Remarriage of divorced persons.―Where a marriage has been dissolved by a decree of divorce,
and either there is no right of appeal against the decree or if there is such a right of appeal, the time for

1. Ins. by Act 29 of 1970, s. 3 (w.e.f. 12-8-1970).
2. Ins. by Act 68 of 1976, s. 28 (w.e.f. 27-5-1976).
3. Subs. by s. 29, ibid., for “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” (w.e.f. 27-5-1976).
4. Subs. by s. 30, ibid., for “unless at the date of the presentation of the petition three years have passed” (w.e.f. 27-5-1976).
5. Subs. by s. 30, ibid., for “before three years have passed” (w.e.f. 27-5-1976).
6. Subs. by s. 30, ibid., for “expiry of three years” (w.e.f. 27-5-1976).
7. Subs. by s. 30, ibid., for “expiration of the said three years” (w.e.f. 27-5-1976).
8. Subs. by s. 30, ibid.,for “expiration of the three years” (w.e.f. 27-5-1976).
9. Subs. by s. 30, ibid., for “said three years” (w.e.f. 27-5-1976).
13
appealing has expired without an appeal having been presented, or an appeal has been presented but has
been dismissed 1
* * * either party to the marriage may marry again.
CHAPTER VII
JURISDICTION AND PROCEDURE
31. Court to which petition should be made.―2
[(1) Every petition under Chapter V or Chapter VI
shall be presented to the district court within the local limits of whose original civil jurisdiction--
(i) the marriage was solemnized; or
(ii) the respondent, at the time of the presentation of the petition resides; or
(iii) the parties to the marriage last resided together; or
3
[(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the
petition; or]
(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the
respondent is at that time residing outside the territories to which this Act extends, or has not been
heard of as being alive for a period of seven years by those who would naturally have heard of him if
he were alive.]
(2) Without prejudice to any jurisdiction exercisable by the court under sub-section (1), the district
court may, by virtue of this sub-section, entertain a petition by a wife domiciled in the territories to which
this Act extends for nullity of marriage or for divorce if she is resident in the said territories and has been
ordinarily resident therein for a period of three years immediately preceding the presentation of the
petition and the husband is not resident in the said territories.
32. Contents and verification of petitions.―(1) Every petition under Chapter V or Chapter VI shall
state, as distinctly as the nature of the case permits the facts on which the claim to relief is founded, and
shall also state that there is no collusion between, the petitioner and the other party to the marriage.
(2) The statements contained in every such petition shall be verified by the petitioner or some other
competent person in the manner required by law for the verification of plaints, and may, at the hearing, be
referred to as evidence.
4
[33. Proceedings to be in camera and may not be printed or published.―(1) Every proceeding
under this Act shall be conducted in camera and it shall not be lawful for any person to print or publish
any matter in relation to any such proceeding except a judgment of the High Court or of the Supreme
Court printed or published with the previous permission of the Court.
(2) If any person prints or publishes any matter in contravention of the provisions contained in
sub-section (1), he shall be punishable with fine which may extend to one thousand rupees.]
34. Duty of court in passing decrees.―(1) In any proceeding under Chapter V or Chapter VI,
whether defended or not, if the court is satisfied that,―
(a) any of the grounds for granting relief exists; and
(b)
5
[where the petition is founded on the ground specified in clause (a) of sub-section (1) of
section 27, the petitioner has not in any manner been accessory to or connived at or condoned the act
of sexual intercourse referred to therein], or, where the ground of the petition is cruelty,
the petitioner has not in any manner condoned the cruelty; and
(c) when divorce is sought on the ground of mutual consent, such consent has not been obtained
by force, fraud or undue influence; and

1. The words “and one year has elapsed thereafter but not sooner” omitted by Act 68 of 1976, s. 31, (w.e.f. 27-5-1976).

mentioned in clause (h) of sub-section (1) of section 27, the court may, if it considers it just so to do

having regard to the circumstances of the case, pass instead a decree for judicial separation.]

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)

3

[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.

29. Restriction on petitions for divorce during first one year after marriage.―(1) No petition for

divorce shall be presented to the district court 4

[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 5

[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

6

[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 7

[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 8

[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 9

[said one year].

30. Remarriage of divorced persons.―Where a marriage has been dissolved by a decree of divorce,

and either there is no right of appeal against the decree or if there is such a right of appeal, the time for

1. Ins. by Act 29 of 1970, s. 3 (w.e.f. 12-8-1970).

2. Ins. by Act 68 of 1976, s. 28 (w.e.f. 27-5-1976).

3. Subs. by s. 29, ibid., for “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” (w.e.f. 27-5-1976).

4. Subs. by s. 30, ibid., for “unless at the date of the presentation of the petition three years have passed” (w.e.f. 27-5-1976).

5. Subs. by s. 30, ibid., for “before three years have passed” (w.e.f. 27-5-1976).

6. Subs. by s. 30, ibid., for “expiry of three years” (w.e.f. 27-5-1976).

7. Subs. by s. 30, ibid., for “expiration of the said three years” (w.e.f. 27-5-1976).

8. Subs. by s. 30, ibid.,for “expiration of the three years” (w.e.f. 27-5-1976).

9. Subs. by s. 30, ibid., for “said three years” (w.e.f. 27-5-1976).

13

appealing has expired without an appeal having been presented, or an appeal has been presented but has

been dismissed 1

* * * either party to the marriage may marry again.

CHAPTER VII

JURISDICTION AND PROCEDURE

31. Court to which petition should be made.―2

[(1) Every petition under Chapter V or Chapter VI

shall be presented to the district court within the local limits of whose original civil jurisdiction--

(i) the marriage was solemnized; or

(ii) the respondent, at the time of the presentation of the petition resides; or

(iii) the parties to the marriage last resided together; or

3

[(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the

petition; or]

(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the

respondent is at that time residing outside the territories to which this Act extends, or has not been

heard of as being alive for a period of seven years by those who would naturally have heard of him if

he were alive.]

(2) Without prejudice to any jurisdiction exercisable by the court under sub-section (1), the district

court may, by virtue of this sub-section, entertain a petition by a wife domiciled in the territories to which

this Act extends for nullity of marriage or for divorce if she is resident in the said territories and has been

ordinarily resident therein for a period of three years immediately preceding the presentation of the

petition and the husband is not resident in the said territories.

32. Contents and verification of petitions.―(1) Every petition under Chapter V or Chapter VI shall

state, as distinctly as the nature of the case permits the facts on which the claim to relief is founded, and

shall also state that there is no collusion between, the petitioner and the other party to the marriage.

(2) The statements contained in every such petition shall be verified by the petitioner or some other

competent person in the manner required by law for the verification of plaints, and may, at the hearing, be

referred to as evidence.

4

[33. Proceedings to be in camera and may not be printed or published.―(1) Every proceeding

under this Act shall be conducted in camera and it shall not be lawful for any person to print or publish

any matter in relation to any such proceeding except a judgment of the High Court or of the Supreme

Court printed or published with the previous permission of the Court.

(2) If any person prints or publishes any matter in contravention of the provisions contained in

sub-section (1), he shall be punishable with fine which may extend to one thousand rupees.]

34. Duty of court in passing decrees.―(1) In any proceeding under Chapter V or Chapter VI,

whether defended or not, if the court is satisfied that,―

(a) any of the grounds for granting relief exists; and

(b)

5

[where the petition is founded on the ground specified in clause (a) of sub-section (1) of

section 27, the petitioner has not in any manner been accessory to or connived at or condoned the act

of sexual intercourse referred to therein], or, where the ground of the petition is cruelty,

the petitioner has not in any manner condoned the cruelty; and

(c) when divorce is sought on the ground of mutual consent, such consent has not been obtained

by force, fraud or undue influence; and

1. The words “and one year has elapsed thereafter but not sooner” omitted by Act 68 of 1976, s. 31, (w.e.f. 27-5-1976).