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SANJAY DIXIT (Advocate)     02 March 2008

Grounds for Divorce under Special Marriage Law

Special Marriage Act, 1954


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 since the solemnization of the marriage committed adultery; or

(b) has deserted the petitioner without cause for a period of at least three years immediately preceding 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 (Act XLV of 1860): or

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

(e) has been incurably of unsound mind for a continuous period of not less than three years immediately proceeding the presentation of the petition; or

(f) has for a period of not less than three years immediately preceding the presentation of the petition been suffering from venereal disease in a communicable form, the disease not having been contracted from the petitioner; 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; or


and by the wife on the ground that her husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality.



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 4 Replies

anupam_advocate (n/a)     02 March 2008

thanx for info

SANJAY DIXIT (Advocate)     02 March 2008

Thanks & Welcome Anupam...

Guest (n/a)     05 March 2008

I am married woman with two sons & lived with him for 8 yrs but owing to infidelity I left him with my two sons & lived with another man & had two sons from him. But now he left me & married another woman. I would like to apply for divorce from my 1st husband & with the 2nd one I would like to claim rights over my two small sons. Kindly advice

SANJAY DIXIT (Advocate)     06 March 2008

Dear Fenella, you should start your querry with new topic.pls create it from "post topic".

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