What this ammendment mean ?
Narayan Saraf
(Querist) 18 October 2011
This query is : Resolved
AMENDMENTS TO THE SPECIAL MARRIAGE ACT, 1954
6. In the Special Marriage Act, 1954 (hereafter in this Chapter referred to as the Special
Marriage Act), in section 28, in sub-section (2), for the words, brackets and figure “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date, if the petition is not withdrawn in the meantime” the words, brackets and figure "Upon
receipt of a petition under sub-section (1)" shall be substituted.
7. After section 28 of the Special Marriage Act, the following sections shall be inserted,
namely:—
‘28A. (1) A petition for the dissolution of marriage by a decree of divorce may be
presented to the district court by either party to a marriage [whether solemnized before
or after the commencement of the Marriage Laws (Amendment) Act, 2010] on the
ground that the marriage has broken down irretrievably.
(2) The court hearing a petition referred to in sub-section (1) shall not hold the
marriage to have broken down irretrievably unless it is satisfied that the parties to the
marriage have lived apart for a continuous period of not less than three years immediately
preceding the presentation of the petition.
(3) If the court is satisfied, on the evidence, as to the fact mentioned in subsection
(2), then, unless it is satisfied on all the evidence that the marriage has not
broken down irretrievably, it shall, subject to the provisions of this Act, grant a decree
of divorce.
(4) In considering, for the purpose of sub-section (2), whether the period for
which the parties to a marriage have lived apart has been continuous, no account shall
be taken of any one period (not exceeding three months in all) during which the parties
resumed living with each other, but no other period during which the parties lived with each
other shall count as part of the period for which the parties to the marriage lived apart.
(5) For the purposes of sub-sections (2) and (4), a husband and wife shall be
treated as living apart unless they are living with each other in the same household,
and reference in this section to the parties to a marriage living with each other shall be
construed as reference to their living with each other in the same household.
Shonee Kapoor
(Expert) 18 October 2011
Whats the question dude?
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 19 October 2011
I know that it is addressed to me because i posted an old text extracted from cite vakil no.1. com without checking its update,later i found amended as posted by you from my hard copy hence i have placed a corrigendum on your first original thread.
I am sorry for inconvenience caused to you by my hasty inadvertence.
