What Is The Procedure For Mutual Consent Divorce Under Special Marriage Act, 1954?

What is the procedure for mutual consent divorce under Special Marriage Act, 1954?

Free Legal Advice - divorce and alimony

Posted by: Haseen Akhtar

Posted on: 2018-08-27

Under section 28 of Special Marriage Act, 1954 first requirement is that the couple should have been living separately for a period of one year before presenting the petition to the District Court. And secondly a cooling off period of 6months but not exceeding 18months and if the petition is not withdrawn then the court can after hearing the parties grant them divorce. The court should be satisfied that the consent has been given freely. Then a decree for divorce can be granted by the court.

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What Is The Procedure For Mutual Consent Divorce Under Special Marriage Act, 1954?