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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)
Frequently Asked Questions
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.
Q3: Can divorce be filed without mutual consent under SMA?
Yes, contested divorce can be filed under Section 27 of the SMA on grounds like adultery, cruelty, desertion, etc.
Q4: What is the timeline for mutual divorce under SMA?
Typically 6-8 months from filing, but can be faster with waiver of cooling-off period by the court.
Q5: What if one spouse refuses to sign divorce papers under SMA?
The other spouse can file for contested divorce on grounds like cruelty, adultery, or desertion under Section 27 of the SMA.
Legal Disclaimer:
Nyayaseva is an educational platform providing legal information for awareness purposes only. This guide does not constitute legal advice nor create an attorney-client relationship. Divorce laws vary by religion, state, and specific case circumstances. Always consult a qualified legal professional for advice specific to your situation.