GROUNDS FOR DIVORCE UNDER SPECIAL MARRIAGE ACT, 1954

Welcome to the official blog of the Law Offices of Kr. Vivek Tanwar Advocate and Associates, where we are dedicated to providing litigation support services for matters related to marriage. In today’s blog post, we aim to shed light on the prevailing issues surrounding marriage, the legal framework in place for their protection, and the steps we can take as a society to combat these acts. Join us as we explore this critical subject and empower you with the knowledge to protect your rights and safety.

WHAT IS SPECIAL MARRIAGE ACT, 1954?

The Special Marriage Act is an Indian legislation that provides a legal framework for interfaith or inter-caste marriages. It was enacted in 1954 with the goal of facilitating marriages between individuals belonging to different religions, castes, or communities. The act allows couples to marry without regard to their diverse backgrounds and ensures that their union is legally recognized. The Special Marriage Act aims to promote the principles of secularism, social integration, and individual freedom by enabling individuals to marry outside their religion or caste. It provides a legal framework that allows couples to overcome societal barriers and ensures the recognition and protection of their marriage under the law.

GROUNDS FOR DIVORCE

Under the Special Marriage Act, the grounds for divorce include the following:

  1. Mutual consent: Similar to other divorce laws, the Special Marriage Act allows for divorce by mutual consent. Both spouses must agree to dissolve the marriage and file a joint petition for divorce.
  2. Adultery: If one spouse engages in voluntary sexual intercourse with someone other than their spouse, it can be a valid ground for divorce under the Special Marriage Act.
  3. Cruelty: If one spouse treats the other with physical or mental cruelty, making it impossible to continue the marriage, it can be a ground for divorce. Cruelty may include acts of harassment, abuse, violence, or any conduct that endangers the life, limb, or mental health of the other spouse.
  4. Desertion: If one spouse abandons the other without a reasonable cause and without consent or against the wishes of the abandoned spouse, it can be a ground for divorce. The period of desertion required under this act is generally two continuous years.
  5. Conversion: If either spouse converts to another religion, it can be a ground for divorce under the Special Marriage Act. The other spouse can file for divorce on the grounds of conversion and renunciation of the religion under which the marriage was solemnized.
  6. Unsoundness of mind: If a spouse has been suffering from a mental disorder that makes it impossible to continue the marriage or poses a risk to the other spouse’s well-being, it can be a ground for divorce.
  7. Venereal disease: If a spouse has been suffering from a venereal disease in a communicable form, it can be a ground for divorce if it makes the continuation of the marriage undesirable.

CONCLUSION

These are the common grounds for divorce under the Special Marriage Act, but it’s important to note that the specific requirements and procedures may vary based on the jurisdiction and court practices. If you are considering divorce under the Special Marriage Act, it is advisable to consult with a family law attorney who is familiar with the act and can guide you through the process.

We are a law firm in the name and style of Law Offices of Kr. Vivek Tanwar Advocate and Associates at Gurugram and Rewari. We are providing litigation support services for matters related to Special Marriage Act,1954. We have a website on which we publish blogs informing the litigants about the said laws. Draft a blog which can be published on our website…..

Written by: Adv. Priyanka Goel (D/945/2020) .