1 Year
Separation for Mutual Divorce
6-8 Months
Mutual Divorce Timeline
1-3 Years
Contested Divorce Timeline
Section 27-28
Legal Provisions
Overview of Special Marriage Act, 1954
The Special Marriage Act, 1954 provides a special form of marriage for inter-religion couples and for couples who wish to marry without religious ceremonies. It also governs divorce for such marriages. The Act applies to all citizens of India regardless of religion.
Who is covered?
- Inter-religion marriages (Hindu-Muslim, Hindu-Christian, etc.)
- Marriages registered under Special Marriage Act
- Couples who married without religious ceremony
- NRIs who registered marriage under this Act
Key Features
- No religious ceremony required
- 30 days notice period before marriage
- Divorce provisions similar to Hindu Marriage Act
- Mutual and contested divorce both available
Mutual Consent Divorce under SMA
Under Section 28 of the Special Marriage Act, mutual consent divorce is available when both spouses agree to end the marriage.
1
File Joint Petition
Both parties file together
2
Court Appearance
Both record statements
3
Cooling Period
6 months (waivable)
4
Final Decree
After second motion
Requirements: Living separately for 1+ years, mutual consent, settlement terms finalized. Cooling-off period can be waived by court.
Grounds for Contested Divorce under SMA
Under Section 27 of the Special Marriage Act, either spouse can file for divorce on the following grounds:
Adultery
Cruelty
Desertion (2+ years)
Incurable mental disorder
Venereal disease
Virulent leprosy
Conversion to another religion
Not heard alive for 7+ years
No resumption after judicial separation
Presumption of death
Additional Grounds for Wife
Husband guilty of rape, sodomy, or bestiality
No resumption after maintenance decree
Husband had another wife living at time of marriage
Documents Required
Marriage certificate under SMA
Address proof of both parties
Income proof and ITR
Photographs of both parties
Settlement agreement (for mutual divorce)
Evidence of grounds (for contested)
Q1: Who can marry under Special Marriage Act?
Any two persons can marry under SMA regardless of religion, caste, or creed. Both parties must be citizens of India or one must be Indian citizen.
Q2: Is notice required before marriage under SMA?
Yes, 30 days public notice is required before solemnization of marriage under Section 5 of SMA.
Legal Disclaimer: This information is for educational purposes only. Consult a qualified lawyer.