enerscript/MARRIAGEACT · Datasets at Fast360

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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than eighteen months after the said date, if the petition is not withdrawn in the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 avertments 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 three years after marriage.-(1)
No petition for divorce shall be presented to the District Court 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 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 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 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 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 said one year.
30. Re-marriage 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 appealing has expired without an
appeal having been presented or an appeal has been presented but has been
dismissed, either party to the marriage may marry again.
CHAPTER VII
Jurisdiction and Procedure
31. Court to which petition should be made.- (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 (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 was 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.
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 if satisfied that,- (a) any of the
grounds for granting relief exists; and (b) where the petition is founded on the
ground specified in Cl.(a) of sub-section (1) of Sec. 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 (d) the petition is not presented or prosecuted
in collusion with the respondent; and (e) there has not been any unnecessary or
improper delay in instituting the proceedings; and (f) there is no other legal
ground why the relief should not be granted; then, and in such a case, but not
otherwise, the Court shall decree such relief accordingly. (2) Before proceeding
to grant any relief under this Act it shall be the duty of the Court in the first
instance, in every case where it is possible so to do consistently with the nature
and circumstances of the case, to make every endeavour to bring about a
reconciliation between the parties : Provided that nothing contained in this subsection shall apply to any proceeding wherein relief is sought on any of the
grounds specified in Cls.(c), (e), (f), (g) and (h) of sub-section (1) of Sec.27. (3)
For the purpose of aiding the Court in bringing about such reconciliation, the
Court may, if the parties so desire or if the Court thinks it just and proper so to
do, adjourn the proceedings for a reasonable period not exceeding fifteen days,
and refer the matter to any person named by the parties in this behalf or to any
person nominated by the Court if the parties fail to name any person, with
directions to report to the Court as to whether reconciliation can be and has been
effected and the Court shall in disposing of the proceeding have due regard to the
report. (4) In every case where a marriage is dissolved by a decree of divorce, the
Court passing the decree shall give a copy thereof free of cost to each of the
parties.
35. Relief for respondent in divorce and other proceedings.-- In any proceeding
for divorce or judicial separation or restitution of conjugal rights, the respondent
may not only oppose the relief sought on the ground of petitioner's adultery,
cruelty or desertion, but also make counter-claim for any relief under this Act on
that ground, and if the petitioner's adultery, cruelty or desertion is proved, the
Court may give to the respondent any relief under this Act to which he or she

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 avertments 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 three years after marriage.-(1)

No petition for divorce shall be presented to the District Court 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 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 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 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 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 said one year.

30. Re-marriage 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 appealing has expired without an

appeal having been presented or an appeal has been presented but has been

dismissed, either party to the marriage may marry again.

CHAPTER VII

Jurisdiction and Procedure

31. Court to which petition should be made.- (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 (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 was 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.

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 if satisfied that,- (a) any of the

grounds for granting relief exists; and (b) where the petition is founded on the

ground specified in Cl.(a) of sub-section (1) of Sec. 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 (d) the petition is not presented or prosecuted

in collusion with the respondent; and (e) there has not been any unnecessary or

improper delay in instituting the proceedings; and (f) there is no other legal

ground why the relief should not be granted; then, and in such a case, but not

otherwise, the Court shall decree such relief accordingly. (2) Before proceeding

to grant any relief under this Act it shall be the duty of the Court in the first

instance, in every case where it is possible so to do consistently with the nature

and circumstances of the case, to make every endeavour to bring about a

reconciliation between the parties : Provided that nothing contained in this subsection shall apply to any proceeding wherein relief is sought on any of the

grounds specified in Cls.(c), (e), (f), (g) and (h) of sub-section (1) of Sec.27. (3)

For the purpose of aiding the Court in bringing about such reconciliation, the

Court may, if the parties so desire or if the Court thinks it just and proper so to

do, adjourn the proceedings for a reasonable period not exceeding fifteen days,

and refer the matter to any person named by the parties in this behalf or to any

person nominated by the Court if the parties fail to name any person, with

directions to report to the Court as to whether reconciliation can be and has been

effected and the Court shall in disposing of the proceeding have due regard to the

report. (4) In every case where a marriage is dissolved by a decree of divorce, the

Court passing the decree shall give a copy thereof free of cost to each of the

parties.

35. Relief for respondent in divorce and other proceedings.-- In any proceeding

for divorce or judicial separation or restitution of conjugal rights, the respondent

may not only oppose the relief sought on the ground of petitioner's adultery,

cruelty or desertion, but also make counter-claim for any relief under this Act on

that ground, and if the petitioner's adultery, cruelty or desertion is proved, the

Court may give to the respondent any relief under this Act to which he or she