Vidhara

The Special Marriage Act, 1954

§31Court to which petition should be made

[(1) Every petition under Chapter V or Chapter VI shall be presented to the district court within the local limits of whose original civil jurisdiction― (i) the marriage was solemnized; or (ii) the respondent, at the time of the presentation of the petition resides; or (iii) the parties to the marriage last resided together; or [(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition; or] (iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years by those who would naturally have heard of him if he were alive.] (2) Without prejudice to any jurisdiction exercisable by the court under sub-section (1), the district court may, by virtue of this sub-section, entertain a petition by a wife domiciled in the territories to which this Act extends for nullity of marriage or for divorce if she is resident in the said territories and has been ordinarily resident therein for a period of three years immediately preceding the presentation of the petition and the husband is not resident in the said territories.

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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.

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