As per Section 27 (Divorce) of Special Marriage Act, 1954 - (1) Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the district court either by the husband or the wife on the ground that the respondent-
(a) has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or
(b) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or
(c) is undergoing a sentence of imprisonment for seven years or more for an offence as defined in the Indian Penal Code (45 of 1860);
(d) has since the solemnization of the marriage treated the petitioner with cruelty; or
(e) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.
-In this clause,-
(a) the expression "mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;
(b) the expression "psychopathic disorder" means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the respondent, and whether or not it requires or is susceptible to medical treatment; or
(f) has been suffering from venereal disease in a communicable form]; or
(g) has been suffering from leprosy, the disease not having been contacted from the petitioner; or
(h) 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 the respondent if the respondent had been alive;
Explanation.-In this sub-section, the expression "desertion" means desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly;
(1A) A wife may also present a petition for divorce to the district court on
(i) that her husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality;
(ii) that in a suit under section 18 of the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956), or in a proceeding under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) (or under the corresponding section 488 of the Code of Criminal Procedure, 1898) (5 of 1898), a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards.
(2) Subject to the provisions of this Act and to the rules made thereunder, either party to a marriage, whether solemnized before or after the commencement of the Special Marriage (Amendment) Act, 1970 (29 of 1970), may present a petition for divorce to the district court on the ground-
(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or
(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.
Sample format of Petition for Divorce under Special Marriage Act is given below:
IN THE COURT OF THE _____________ JUDGE AT _________
CASE NO. __________ OF 20__
IN THE MATTER OF:
MRS. G __________ RESPONDENT
PETITION FOR DIVORCE UNDER SECTION 27(1)(b) OF SPECIAL MARRIAGE ACT
MOST RESPECTFULLY SHOWETH:
The Petitioner, above named states as under:
1. That marriage of the Petitioner and the Respondent was solemnized on __________ at ____________ according to Section 4 of Special Marriage Act, 1954. Copy of the Marriage Registration Certificate is attached herewith as Annexure P1.
2. That the status and place of residence of the Parties to the marriage before the marriage and at the time of filing this petition is given as under:
i) Place of residence before the Marriage
ii) Place of residence at the time of filing the Petition
3. That from this marriage, the couple has been blessed with one boy aged 5 years. That Child is living with the Respondent.
4. That the Petitioner and his wife were living together happily at the matrimonial house. That on _______ there was a small dispute between the Petitioner and the respondent.
5. That on the same day the Respondent left the house of Petitioner and started living in her parental home.
6. That on _____ Petitioner reached the house of Respondent asked her to come to the matrimonial house and amicably solve the disputes. But the Respondent Refused to come to the house of Petitioner and staying in her father's house for the last 4 years.
7. That now 4 years have passed and the Respondent has deserted the Petitioner.
8. That the petitioner has not in any manner condoned the acts complained of or connived.
9. The Petition is not being presented in collusion with the Respondent.
10. The Petition is being presented without any unnecessary or improper delay on the part of the Petitioner.
11. There is no other legal ground as to why the decree prayed for should be not granted in favour of the Petitioner.
12. That no litigation has taken place between the parties to the Petition earlier.
13. This Hon'ble Court has jurisdiction to entertain and try this Petition as the marriage was solemnized at ____________ the parties last resided together at _____________ and even presently the respondent is residing within the Jurisdiction of this Hon'ble Court.
13. In the facts and circumstances of case mentioned herein above this Hon'ble Court may graciously be pleased to:
P R A Y E R
That the Petitioner, therefore, prays:
a) for grant of decree of Divorce to the Petitioner on the ground of desertion in favour of Petition and against the respondent; and
b) Any other relief or reliefs which the court may deem proper under the circumstances be also awarded to the petitioner.
I, the above named petitioner, do hereby verify that the contents of this
petition in Para No ______ to Para No __________ are true to my personal
knowledge and those in Para No _____ to Para No ________ are believed by me to
Signed and verified this _______ day of _______ 20 _______ at _______
Power of Attorney
Suits under Code of Civil Procedure
Format of Suit for Compensation for death due to negligence or physical disability due to negligence of others. The Suit can be filed before Competent Judge in Civil Court as per pecuniary Jurisdiction