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|Divorce and Mutual Consent Divorce|
Divorce Page - 3
Q4. Who can file Divorce Petition on the grounds of Divorce specified under The Special Marriage Act, 1954?
The Special Marriage Act, 1954 has made provisions for the marriage and registration of any two persons, irrespective of their religion and nationality.
And hence, in India, if two persons want to marry each other, they have the following choices: -
If both profess the same religion, they can marry in accordance to the law governing their marriage as per their religion.
Alternatively, if they want they can marry in accordance to the provisions of The Special Marriage Act, 1954.
If both profess different religion, then the law various, viz., under Hindu Marrige Act, only two Hindus can marry each other, whereas, as per Muslim Personal Law (Shariat) a Muslim Male can marry a Non-Muslim also, however, a Muslim Woman cannot marry a Non-Muslim, and hence, to cater to such situations, where two persons professing different religion wants to marry each other, The Special Marriage Act, 1954 has made provisions for their marriage.
Further, The Special Marriage Act, 1954 has also made provisions for the registration of marriages performed under any other forms.
For all those marriages either performed under The Special Marriage Act, 1954 or registered under The Special Marriage Act, 1954, the grounds of Divorce specified under The Special Marriage Act, 1954 would be applicable.
Q5. What are the places where I can file Divorce Petition under Hindu Marriage Act, 1955?
Divorce Petition under Hindu Marriage Act, 1955 can be filed before the district court within the local limits of whose ordinary 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 India, or 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 him if he were alive.
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