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[(2) Subject to the provisions of this 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
(29 of 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.]
[27A. Alternative relief in divorce proceedings.―In any proceeding under this Act, on a petition
for dissolution of marriage by a decree of divorce, except insofar as the petition is founded on the ground
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)
[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date, if the petition is not withdrawn in the meantime, the district court shall, on being satisfied, after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
[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. 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).