Family Law | Contested Divorce

Divorce Petition under Section 27 of the Special Marriage Act, 1954

Updated specimen petition for a contested divorce under Section 27 of the Special Marriage Act, 1954, with current statutory grounds, jurisdiction requirements, verification, procedural notes and official legal resources.

Important current-law correction: leprosy is no longer a ground for divorce under Section 27. Clause (g) of Section 27(1) was omitted by the Personal Laws (Amendment) Act, 2019. It should therefore not appear as a current divorce ground.

Contested divorceSection 27 governs divorce on specified statutory grounds. The petition must plead and prove the particular ground relied upon.

One-year restrictionSection 29 generally bars a divorce petition during the first year after entry of the marriage certificate, subject to the statutory exception for exceptional hardship or depravity.

JurisdictionSection 31 specifies the District Court in which a matrimonial petition may be filed, including a special residence-based option where the wife is the petitioner.

Current grounds for divorce under Section 27

Subject to the Act and applicable rules, either spouse may seek divorce on one or more grounds available under Section 27. Plead only grounds supported by the facts and evidence.

Adultery - Section 27(1)(a)Voluntary sexual intercourse by the respondent with a person other than the spouse after solemnization of marriage.

Desertion - Section 27(1)(b)Desertion for a continuous period of at least two years immediately before presentation of the petition. The statutory explanation includes wilful neglect and requires absence of reasonable cause and lack of consent.

Imprisonment - Section 27(1)(c)The respondent is undergoing a sentence of imprisonment for seven years or more for an offence falling within the statutory clause.

Cruelty - Section 27(1)(d)The respondent has, after solemnization of the marriage, treated the petitioner with cruelty.

Mental disorder - Section 27(1)(e)The statutory threshold concerns incurable unsoundness of mind or qualifying continuous/intermittent mental disorder of such kind and extent that the petitioner cannot reasonably be expected to live with the respondent.

Communicable venereal disease - Section 27(1)(f)The respondent is suffering from venereal disease in a communicable form.

Not heard alive - Section 27(1)(h)The respondent has not been heard of as alive for seven years or more by persons who would naturally have heard of the respondent if alive.

Post-decree grounds - Section 27(2)Either party may seek divorce after at least one year of no resumption of cohabitation following judicial separation, or no restitution of conjugal rights following such a decree.

Additional grounds available to a wife

Section 27(1A) gives a wife additional statutory grounds, including specified sexual offences by the husband and the maintenance-order ground where, after the relevant maintenance decree/order, cohabitation has not resumed for one year or more.

The text of Section 27(1A)(ii) historically refers to an order under Section 125 of the Code of Criminal Procedure, 1973. For current maintenance proceedings instituted after the new criminal procedure law came into force, Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the corresponding maintenance provision, subject to applicable savings and the precise legal context.

Which District Court has jurisdiction?

Section 31 generally permits a petition under Chapters V or VI to be presented to the District Court within whose local jurisdiction the marriage was solemnized, the respondent resides when the petition is presented, or the parties last resided together. Where the wife is the petitioner, the place where she resides on the date of presentation is also a statutory jurisdictional basis. Additional situations are covered by Section 31, including where the respondent is outside the territories to which the Act extends or has not been heard of as alive for seven years.

Contents, procedure and privacy

Section 32 requires the petition to state distinctly the facts on which relief is founded and to state that there is no collusion between the parties. The petition must be verified in the manner required by law for verification of plaints. Section 33 provides for matrimonial proceedings to be conducted in camera and restricts publication. Section 40 applies the Code of Civil Procedure, 1908, as far as applicable, subject to the Act and High Court rules.

Section 34 requires the Court to satisfy itself regarding the statutory conditions before granting matrimonial relief. Section 27A allows judicial separation as alternative relief in appropriate divorce proceedings. Sections 36 and 37 deal respectively with alimony pendente lite and permanent alimony/maintenance, while Section 38 concerns custody, maintenance and education of minor children.

Sample Divorce Petition under Section 27(1)(b) - Desertion

This specimen uses desertion as the example ground. Replace the facts and statutory clause with the actual ground relied upon. Do not retain allegations that are not factually true and supportable by evidence.

IN THE COURT OF THE PRINCIPAL JUDGE / DISTRICT JUDGE / COMPETENT FAMILY COURT AT ____________

MATRIMONIAL CASE / PETITION NO. ________ OF 20__

IN THE MATTER OF:

Name of Petitioner
Age: ____ years
Address: ________________________________________________

...Petitioner

VERSUS

Name of Respondent
Age: ____ years
Address: ________________________________________________

...Respondent

PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE UNDER SECTION 27(1)(b) OF THE SPECIAL MARRIAGE ACT, 1954

MOST RESPECTFULLY SHOWETH:

1. That the marriage between the Petitioner and the Respondent was solemnized / registered under the Special Marriage Act, 1954 on ____________ at ____________. A copy of the marriage certificate is annexed as Annexure P-1.

2. That the particulars and residences of the parties before marriage and at the time of presentation of this petition are as follows:

Petitioner before marriage: ________________________________________
Respondent before marriage: ______________________________________
Petitioner at present: ____________________________________________
Respondent at present: ___________________________________________

3. That after the marriage the parties resided together at ____________________________ until ____________.

4. That the following child/children were born from the marriage, if applicable: ____________________________________________________________. Their present residence and custody are: ____________________________________________________________.

5. That on or about ____________, the Respondent left / withdrew from the matrimonial relationship and thereafter began residing at ____________________________.

6. That the Respondent has continuously deserted the Petitioner, without reasonable cause and without the consent / against the wish of the Petitioner, from ____________ to the date of presentation of this petition, a continuous period exceeding two years.

7. That the material circumstances showing desertion and the intention to bring cohabitation permanently to an end are as follows: ____________________________________________________________.

8. That the Petitioner made genuine efforts for resumption of matrimonial life on ____________ and thereafter by letters / communications / mediation / family intervention, but cohabitation was not resumed. Relevant documents, if any, are annexed.

9. That the Petitioner has not consented to the desertion and there has been no conduct on the Petitioner's part disentitling the Petitioner to the relief sought.

10. That the Petitioner has not condoned any matrimonial offence relied upon, wherever the question of condonation is legally relevant.

11. That this petition is not presented or prosecuted in collusion with the Respondent.

12. That the petition is presented without unnecessary or improper delay and there is no other legal ground why the relief should not be granted.

13. That previous matrimonial, maintenance, domestic-violence, custody, criminal or civil proceedings between the parties are as follows: ____________________________________________________________. Copies of relevant pleadings/orders are annexed where required. If none, state: "None".

14. That more than one year has elapsed since entry of the marriage certificate in the Marriage Certificate Book, and the petition is maintainable under Section 29 of the Act. If leave under the proviso to Section 29 is sought, the separate application and supporting facts should be pleaded instead.

15. Jurisdiction: This Hon'ble Court has jurisdiction under Section 31 of the Special Marriage Act, 1954 because the marriage was solemnized here / the Respondent resides here / the parties last resided together here / the wife-petitioner presently resides here / other statutory ground, particulars whereof are: ____________________________________________________________.

16. Cause of action: The cause of action arose on ____________ and has continued as stated above, including completion of the statutory period of desertion immediately preceding presentation of this petition.

17. That the required court fee has been affixed / shall be paid in accordance with the applicable State court-fee law and filing rules.

PRAYER

In these circumstances, the Petitioner respectfully prays that this Hon'ble Court may be pleased to:

(a) dissolve the marriage between the Petitioner and the Respondent by a decree of divorce under Section 27(1)(b) of the Special Marriage Act, 1954 on the ground of desertion;

(b) pass appropriate orders concerning costs and any other consequential or ancillary relief lawfully sought in the proceedings; and

(c) grant such other relief as this Hon'ble Court considers just and proper in the circumstances.

Place: ____________
Date: ____________

PETITIONER
Through Counsel, if represented

VERIFICATION

I, ____________________________, the Petitioner above named, verify that the contents of paragraphs ____ to ____ are true to my personal knowledge, paragraphs ____ to ____ are based on records/information believed by me to be true, and the prayer contains the relief sought. Nothing material has been concealed.

Verified at ____________ on this ____ day of ____________, 20__.

PETITIONER

Documents commonly filed with the petition

Marriage certificate issued/entered under the Special Marriage Act.
Identity and address documents as required by the court's filing rules.
Documents supporting territorial jurisdiction under Section 31.
Documents and communications supporting the specific matrimonial ground pleaded.
Details and certified/true copies of previous matrimonial, maintenance, custody, domestic-violence or connected proceedings and orders, where applicable.
Documents concerning minor children where custody, maintenance or education relief is sought.
Affidavit, statement of truth, vakalatnama, process fee, filing forms and other documents required by the applicable Family Court/District Court/High Court rules.

Appeal and enforcement

Section 39 governs appeals from decrees and specified orders under the Act and provides a ninety-day period for appeal from the date of the decree or order, subject to applicable law. Section 39A provides for enforcement of decrees and orders in the same manner as decrees and orders of the court in its original civil jurisdiction.

Divorce Petition under Section 27 of the Special Marriage Act, 1954

Current grounds for divorce under Section 27

Additional grounds available to a wife

Which District Court has jurisdiction?

Contents, procedure and privacy

Sample Divorce Petition under Section 27(1)(b) - Desertion

PRAYER

VERIFICATION

Documents commonly filed with the petition

Appeal and enforcement

Official legal resources