I am a Hindu, married under Special Marriage Act.
Are the provisions of mutual or contested divorce same in both HMA and Special Marriage Act ?
28. Divorce by mutual consent. -
(1) Subject to the provisions of this Act and to the rules made there under, 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 one year after the date of the presentation of the petition referred to in sub-section (1) and not later than two years after the said date,
1) Does it means that for Special Marriage Act, between the 1st and 2nd motion for mutual consent divorce, parties need to wait for 1 full year ??
2) Also, can someone please explain, section 29 of Special Marriage Act.
29. Restriction on petitions for divorce during first three years after marriage. -
(1) No petition for divorce shall be presented to the district court unless at the date of the presentation of the petition three years have passed since the date of entering the certificate of marriage in the Marriage Certificate Book.
Does it means, for contested divorce, one needs to wait for 3 yrs before the divorce petition can be passed ??
