enerscript/MARRIAGEACT · Datasets at Fast360

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in Cls.(a),(b), (c) and (d) of Sec. 4 has not been fulfilled : or (ii) the respondent
was impotent at the time of the marriage and at the time of the institution of the
suit. (2) Nothing contained in this section shall apply to any marriage deemed to
be solemnized under the Act within the meaning of Sec. 18, but the registration
of any such marriage under Chapter III may be declared to be of no effect if the
registration was in contravention of any of the conditions specified in Cls.(a) to
(e) of Sec. 15: Provided that no such declaration shall be made in any case where
an appeal has been preferred under Sec.17 and the decision of the District Court
has become final.
25. Voidable marriages.- Any marriage solemnized under this Act shall be
voidable and may be annulled by a decree of nullity, if- (i) the marriage has not
been consummated owing to the wilful refusal of the respondent to consummate
the marriage ;or (ii) the respondent was at the time of the marriage pregnant by
some person other than the petitioner; or (iii) the consent of either party to the
marriage was obtained by coercion or fraud, as defined in the Indian Contract
Act, 1872 (9 of 1872): Provided that in the case specified in Cl.(ii) the Court shall
not grant a decree unless it is satisfied- (a) that the petitioner was at the time of
the marriage ignorant of the facts alleged; (b) that proceedings were instituted
within a year from the date of the marriage; and (c) the marital intercourse with
the consent of the petitioner has not taken place since the discovery by the
petitioner of existence of the grounds a decree : Provided further that in the case
specified in Cl.(iii), the Court shall not grant a decree if,- (a) proceedings have
not been instituted within one year after the coercion had ceased or, as the case
may be, the fraud had been discovered; or (b) the petitioner has with his or her
free consent lived with the other party to the marriage as husband and wife after
the coercion had ceased or as the case may be, the fraud had been discovered.
26. Legitimacy of children of void and voidable marriages.- (1) Notwithstanding
that a marriage is null and void under Sec. 24, any child of such marriage who
would have been legitimate if the marriage had been valid, shall be legitimate,
whether such child is born before or after the commencement of the Marriage
Laws(Amendment) Act, 1976, and whether or not a decree of nullity is granted
in respect of that marriage under this Act and whether or not the marriage is held
to be void otherwise than on a petition under this Act. (2) Where a decree of
nullity is granted in respect of a voidable marriage under Sec.25, any child
begotten or conceived before the decree is made, who would have been the
legitimate child of the parties to the marriage if at the date of the decree it has
been dissolved instead of being annulled, shall be deemed to be their legitimate
child notwithstanding the decree of nullity. (3) Nothing contained in sub-section
(1) or sub-section (2) shall be construed as conferring upon any child of a
marriage which is null and void or which is annulled by a decree of nullity under
Sec. 25, any rights in or to the property of any person, other than the parents, in
any case, where, but for the passing of this Act, such child would have been
incapable of possessing or requiring any such rights by reason of his not being
the legitimate child of his parents.
27. Divorce.-(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 either by
the husband or the wife on the ground that the respondent-
(a) has, after the solemnization of the marriage had voluntary sexual intercourse
with any person other than his or her spouse; or (b) has deserted the petitioner for
a continuous period of not less than two years immediately proceeding the
presentation of the petition; or (c) is undergoing a sentence of imprisonment for
seven years or more for an offence as defined in the Indian Penal Code (45 of
1860); or (d) has since the solemnization of the marriage treated the petitioner
with cruelty; or (e) has been incurably of unsound mind, or has been suffering
continuously or intermittently from mental disorder of such a kind, and to such
an extent that the petitioner cannot reasonably be expected to live with the
respondent.
Explanation- In this Clause- (a) the expression "mental disorder" means mental
illness, arrested or incomplete development of mind, psychopathic disorder or
any other disorder or disability of mind and includes schizophrenia; (b) the
expression "psychopathic disorder" means a persistent disorder or disability of
mind (whether or not including sub-normality of intelligence) which results in
abnormally aggressive or seriously irresponsible conduct on the part of the
respondent and whether or not it requires or is susceptible to medical treatment;
or (f) has been suffering from venereal disease in a communicable form; or (g)
has been suffering from leprosy, the disease not having been contracted from the
petitioner; or (h) has not been heard of as being alive for a period of seven years
or more by those persons who would naturally have heard of the respondent if the
respondent had been alive;
Explanation- In this sub-section, the expression "desertion" means desertion of
the petitioner by the other party to the marriage without reasonable cause and
without the consent or against the wish of such party and includes the wilful
neglect of the petitioner by the other party to the marriage, and its grammatical
variations and cognate expressions shall be construed accordingly. (1-A) A wife
may also present a petitioner for divorce to the District Court on the ground.- (i)
that her husband has, since the solemnization of the marriage, been guilty of rape,
sodomy or bestiality; (ii) that in a suit under Sec. 18 of the Hindus Adoptions and
Maintenance Act, 1956 (78 of 1956), or in a proceeding under Sec. 125 of the
Code of Criminal Procedure, 1973 (2 of 1974), or under the corresponding Sec.
488 of the Code of Criminal Procedure, 1898 (5 of 1898), a decree or order, as
the case may be, has been passed against the husband awarding maintenance to
the wife notwithstanding that she was living apart and that since the passing of
such decree or order, cohabitation between the parties has not been resumed for
one year or upwards. (2) Subject to the provisions of the Act and to the Rules
made thereunder, either party to a marriage, whether solemnized before or after
the commencement of the Special Marriage (Amendment) Act, 1970, may
present a petition for divorce to the District Court on the ground- (i) that there has
been no resumption of cohabitation as between the parties to the marriage for a
period of one year or upwards after the passing of a decree for judicial separation
in a proceeding to which they were parties; or (ii) that there has been no restitution
of conjugal rights as between the parties to the marriage for a period of one year
or upwards after the passing of a decree for restitution of conjugal rights in a
proceeding to which they were parties. 27-A. Alternate relief in divorce
proceedings- In any proceeding under this Act, on a petition for a dissolution of
marriage by a decree of divorce, except in so far as the petition is founded on the
ground mentioned in Cl. (h) of sub-section (1) of Sec. 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

in Cls.(a),(b), (c) and (d) of Sec. 4 has not been fulfilled : or (ii) the respondent

was impotent at the time of the marriage and at the time of the institution of the

suit. (2) Nothing contained in this section shall apply to any marriage deemed to

be solemnized under the Act within the meaning of Sec. 18, but the registration

of any such marriage under Chapter III may be declared to be of no effect if the

registration was in contravention of any of the conditions specified in Cls.(a) to

(e) of Sec. 15: Provided that no such declaration shall be made in any case where

an appeal has been preferred under Sec.17 and the decision of the District Court

has become final.

25. Voidable marriages.- Any marriage solemnized under this Act shall be

voidable and may be annulled by a decree of nullity, if- (i) the marriage has not

been consummated owing to the wilful refusal of the respondent to consummate

the marriage ;or (ii) the respondent was at the time of the marriage pregnant by

some person other than the petitioner; or (iii) the consent of either party to the

marriage was obtained by coercion or fraud, as defined in the Indian Contract

Act, 1872 (9 of 1872): Provided that in the case specified in Cl.(ii) the Court shall

not grant a decree unless it is satisfied- (a) that the petitioner was at the time of

the marriage ignorant of the facts alleged; (b) that proceedings were instituted

within a year from the date of the marriage; and (c) the marital intercourse with

the consent of the petitioner has not taken place since the discovery by the

petitioner of existence of the grounds a decree : Provided further that in the case

specified in Cl.(iii), the Court shall not grant a decree if,- (a) proceedings have

not been instituted within one year after the coercion had ceased or, as the case

may be, the fraud had been discovered; or (b) the petitioner has with his or her

free consent lived with the other party to the marriage as husband and wife after

the coercion had ceased or as the case may be, the fraud had been discovered.

26. Legitimacy of children of void and voidable marriages.- (1) Notwithstanding

that a marriage is null and void under Sec. 24, any child of such marriage who

would have been legitimate if the marriage had been valid, shall be legitimate,

whether such child is born before or after the commencement of the Marriage

Laws(Amendment) Act, 1976, and whether or not a decree of nullity is granted

in respect of that marriage under this Act and whether or not the marriage is held

to be void otherwise than on a petition under this Act. (2) Where a decree of

nullity is granted in respect of a voidable marriage under Sec.25, any child

begotten or conceived before the decree is made, who would have been the

legitimate child of the parties to the marriage if at the date of the decree it has

been dissolved instead of being annulled, shall be deemed to be their legitimate

child notwithstanding the decree of nullity. (3) Nothing contained in sub-section

(1) or sub-section (2) shall be construed as conferring upon any child of a

marriage which is null and void or which is annulled by a decree of nullity under

Sec. 25, any rights in or to the property of any person, other than the parents, in

any case, where, but for the passing of this Act, such child would have been

incapable of possessing or requiring any such rights by reason of his not being

the legitimate child of his parents.

27. Divorce.-(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 either by

the husband or the wife on the ground that the respondent-

(a) has, after the solemnization of the marriage had voluntary sexual intercourse

with any person other than his or her spouse; or (b) has deserted the petitioner for

a continuous period of not less than two years immediately proceeding the

presentation of the petition; or (c) is undergoing a sentence of imprisonment for

seven years or more for an offence as defined in the Indian Penal Code (45 of

1860); or (d) has since the solemnization of the marriage treated the petitioner

with cruelty; or (e) has been incurably of unsound mind, or has been suffering

continuously or intermittently from mental disorder of such a kind, and to such

an extent that the petitioner cannot reasonably be expected to live with the

respondent.

Explanation- In this Clause- (a) the expression "mental disorder" means mental

illness, arrested or incomplete development of mind, psychopathic disorder or

any other disorder or disability of mind and includes schizophrenia; (b) the

expression "psychopathic disorder" means a persistent disorder or disability of

mind (whether or not including sub-normality of intelligence) which results in

abnormally aggressive or seriously irresponsible conduct on the part of the

respondent and whether or not it requires or is susceptible to medical treatment;

or (f) has been suffering from venereal disease in a communicable form; or (g)

has been suffering from leprosy, the disease not having been contracted from the

petitioner; or (h) has not been heard of as being alive for a period of seven years

or more by those persons who would naturally have heard of the respondent if the

respondent had been alive;

Explanation- In this sub-section, the expression "desertion" means desertion of

the petitioner by the other party to the marriage without reasonable cause and

without the consent or against the wish of such party and includes the wilful

neglect of the petitioner by the other party to the marriage, and its grammatical

variations and cognate expressions shall be construed accordingly. (1-A) A wife

may also present a petitioner for divorce to the District Court on the ground.- (i)

that her husband has, since the solemnization of the marriage, been guilty of rape,

sodomy or bestiality; (ii) that in a suit under Sec. 18 of the Hindus Adoptions and

Maintenance Act, 1956 (78 of 1956), or in a proceeding under Sec. 125 of the

Code of Criminal Procedure, 1973 (2 of 1974), or under the corresponding Sec.

488 of the Code of Criminal Procedure, 1898 (5 of 1898), a decree or order, as

the case may be, has been passed against the husband awarding maintenance to

the wife notwithstanding that she was living apart and that since the passing of

such decree or order, cohabitation between the parties has not been resumed for

one year or upwards. (2) Subject to the provisions of the Act and to the Rules

made thereunder, either party to a marriage, whether solemnized before or after

the commencement of the Special Marriage (Amendment) Act, 1970, may

present a petition for divorce to the District Court on the ground- (i) that there has

been no resumption of cohabitation as between the parties to the marriage for a

period of one year or upwards after the passing of a decree for judicial separation

in a proceeding to which they were parties; or (ii) that there has been no restitution

of conjugal rights as between the parties to the marriage for a period of one year

or upwards after the passing of a decree for restitution of conjugal rights in a

proceeding to which they were parties. 27-A. Alternate relief in divorce

proceedings- In any proceeding under this Act, on a petition for a dissolution of

marriage by a decree of divorce, except in so far as the petition is founded on the

ground mentioned in Cl. (h) of sub-section (1) of Sec. 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