Vidhara

The Special Marriage Act, 1954

§29Restriction 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].

Share:WhatsAppTelegram

Source & version

Official text: India Code (official)

Official India Code text: The Special Marriage Act, 1954, English PDF (bitstream 123456789/1387/1/A1954-43E.pdf, 377,569 bytes, sha256 8edbdc1c6178de27...) fetched directly from indiacode.nic.in (Akamai edge, DNS via dns.google) on 2026-08-03. Extracted via pdftotext 26.07 -bbox and the @nexlex/ingest inline parser. This PDF prints its amendment footnotes at body height, so sections 3 to 7 were re-extracted from the source line stream and their numbering restored (D-058). Automated parse; footnotes and amendment history excluded. Spot-verified against the PDF; full clause-level proofread pending.

How we verify this text →

Spotted a mistake in this text or its mapping? Report an issue with SMA §29

Was this page useful for your prep?

Feedback