Section 30, 31, 32 and 33 of Special Marriage Act 1954

Section 30. Remarriage of divorced persons

Where a marriage has been dissolved by a decree of divorce, and either there is no right of appeal against the decree or if there is such a right of appeal, the time for

appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed 1 * * * either party to the marriage may marry again.

 

 

 

CHAPTER VII JURISDICTION AND PROCEDURE

Section 31. Court to which petition should be made 2

(1) Every petition under Chapter V or Chapter VI shall be presented to the district court within the local limits of whose 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

3 [(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 the territories to which this Act extends, or has not been heard of as being alive for a period of seven years by those who would naturally have heard of him if he were alive.]

(2) Without prejudice to any jurisdiction exercisable by the court under sub-section (1), the district court may, by virtue of this sub-section, entertain a petition by a wife domiciled in the territories to which this Act extends for nullity of marriage or for divorce if she is resident in the said territories and has been ordinarily resident therein for a period of three years immediately preceding the presentation of the petition and the husband is not resident in the said territories.

 

Section 32. Contents and verification of petitions

(1) Every petition under Chapter V or Chapter VI shall state, as distinctly as the nature of the case permits the facts on which the claim to relief is founded, and shall also state that there is no collusion between, the petitioner and the other party to the marriage.

(2) The statements contained in every such petition shall be verified by the petitioner or some other competent person in the manner required by law for the verification of plaints, and may, at the hearing, be referred to as evidence.

 

Section 33. Proceedings to be in camera and may not be printed or published 4

(1) Every proceeding under this Act shall be conducted in camera and it shall not be lawful for any person to print or publish any matter in relation to any such proceeding except a judgment of the High Court or of the Supreme Court printed or published with the previous permission of the Court.

(2) If any person prints or publishes any matter in contravention of the provisions contained in sub-section (1), he shall be punishable with fine which may extend to one thousand rupees.]

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1. The words "and one year has elapsed thereafter but not sooner" omitted by Act 68 of 1976, s. 31, (w.e.f. 27-5-1976).
2. Subs. by s. 32, ibid., for sub-section (1) (w.e.f. 27-5-1976).
3. Ins. by Act 50 of 2003, s. 2 (w.e.f. 23-12-2003).
4. Subs. by Act 68 of 1976, s. 33, for section 33 (w.e.f. 27-5-1976).

 

 

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