Draft of Petition for Divorce Under Special Marriage Act
PETITION FOR DIVORCE UNDER SPECIAL MARRIAGE ACT
IN THE DISTRICT COURT AT………………..
……………………………………………………………… Applicant
versus
…………………………………………………………… Respondent
Application under Section 29 of the Special Marriage Act, 1954 (No. 43 of 1954) praying that a petition for divorce may be allowed to be presented within one year of the date of entering the certificate of marriage in the Marriage Certificate Book.
The Applicant prayed as under: —
- The applicant is the husband/wife of the respondent. The marriage between the parties was solemnized under Chapter II/III of the Act by the Marriage Officer of……………….. at……………….. on……………….. and a certificate of marriage was entered in the Marriage Certificate Book on……………….. a certified copy of the certificate of marriage is attached with this application.
- The status and place of residence of the parties to the marriage before the marriage and at time of filing the application were as follows:
Husband Wife
Status Status
Age Age
Place of Residence Place of Residence
(i) Before marriage
(ii) At the time of filing the petition
- (In this paragraph state the names of the children, if any, of the marriage together with their sex, dates of birth or ages).
- There is a case of (exceptional hardship to the petitioner/ exceptional depravity on the part of the respondent)……………….. as……………….. (state here in accordance with the Rules and as distinctly as the nature of the case permits all the particulars about the exceptional hardship or depravity, as the case may be).
- There has not been any previous proceedings with regard to the marriage by or on behalf of any party.
OR
There have been the following previous proceedings with regard to the marriage by or on behalf of the parties: —
| Serial No. | Name of Parties | Name of Proceedings with section of the Act | Number and date and year of the case | Name and location of the court | Result
|
| (i) | |||||
| (ii) | |||||
| (iii) | |||||
| (iv) |
- The marriage was solemnized at………………….. the parties reside at ……… The parties last resided together at…………………..
- The applicant, therefore, submits that this Hon’ble Court has jurisdiction to entertain this petition.
- The applicant therefore prays that he/she may be allowed to present a petition for divorce within one year of the date of entering the certificate of marriage in the Marriage Certificate Book.
Applicant
VERIFICATION
The abovenamed applicant states on solemn affirmation that Paras……………. to……………….. of the application are true to the applicant’s knowledge and paras ……………….. to……………….. are true to the applicant’s information received and believed to be true by him/her.
Verified on this…………….. day of……………….. 19……………….. at………………..
Place………………..
Applicant
Petition for Divorce Under the Special Marriage Act: A Comprehensive Guide
In India, the Special Marriage Act of 1954 provides a framework for marriage and divorce for individuals who do not wish to marry under the personal laws applicable to their religion.
Under this Act, a marriage can be solemnized between individuals of different religions or those who prefer a civil marriage. When a marriage under this Act breaks down irreparably, either party can file for divorce.
In certain cases, an application for divorce may be presented before one year has passed from the date of the marriage certificate being entered in the Marriage Certificate Book. This petition is governed under Section 29 of the Special Marriage Act.
Here’s a breakdown of how the Petition for Divorce under the Special Marriage Act is structured and the steps involved.
1. Introduction to the Petition
The petition begins with the introduction of the parties involved — the applicant (husband or wife) and the respondent.
It mentions the legal grounds on which the application is being made, i.e., to seek permission to present a divorce petition within one year of the marriage certificate being entered in the Marriage Certificate Book.
Example:
- “The Applicant is the husband/wife of the respondent. The marriage between the parties was solemnized on 2025 under Chapter II/III of the Special Marriage Act by the Marriage Officer of [location], and the marriage certificate was entered in the Marriage Certificate Book on 2025. A certified copy of the marriage certificate is attached.”
2. Details of the Parties and Their Residence
This section provides detailed personal information about both the applicant and the respondent, including their status, age, and place of residence. The applicant specifies where both parties lived before the marriage and where they are residing at the time of filing the petition.
Example:
- “Husband: [Status], [Age], [Place of Residence before marriage], [Place of Residence at the time of filing the petition].”
- “Wife: [Status], [Age], [Place of Residence before marriage], [Place of Residence at the time of filing the petition].”
3. Children from the Marriage
If there are children from the marriage, the applicant must provide their details, including names, sex, and dates of birth or ages.
Example:
- “The marriage has produced the following children:
- Child 1: [Name], [Sex], [Date of Birth]
- Child 2: [Name], [Sex], [Date of Birth]”
4. Grounds for Divorce
In this section, the applicant must specify the grounds for seeking permission to file a divorce petition before completing one year of marriage, as outlined in Section 29 of the Special Marriage Act.
This could include cases of exceptional hardship or exceptional depravity on the part of the respondent.
Example:
- “There is a case of exceptional hardship to the applicant as [details of the hardship or depravity].”
5. Previous Legal Proceedings
If there have been any previous legal proceedings related to the marriage, such as petitions or disputes filed in any court, this must be disclosed in the petition. If no such proceedings exist, this should be stated clearly.
Example:
- “There have been the following previous proceedings with regard to the marriage:
- [Details of the case, including the names of the parties, case number, date, court name, and result].”
6. Place of Marriage and Residence
The petition provides details of where the marriage was solemnized and where the parties last resided together.
Example:
- “The marriage was solemnized at [place]. The parties last resided together at [place].”
If the applicant is a wife domiciled in India, this should be clarified in the petition. It is also necessary to mention whether the applicant has resided in India for a period of at least three years immediately before filing the application, and the respondent’s residence status.
Example:
- “The applicant is domiciled in the territories of India, and has been residing therein for the past three years.”
7. Jurisdiction of the Court
The applicant confirms that the court where the petition is being filed has the jurisdiction to entertain the case. This is based on the place of marriage, the residence of the parties, or other relevant factors as per the Special Marriage Act.
Example:
- “The applicant submits that this Hon’ble Court has the jurisdiction to entertain this petition.”
8. Prayer for Relief
The applicant concludes by requesting the court to allow them to file a divorce petition before the one-year waiting period stipulated under the Special Marriage Act. The request for any other reliefs deemed fit by the court is also made.
Example:
- “The applicant prays that this Hon’ble Court may be pleased to allow the presentation of a divorce petition within one year of the date of entering the marriage certificate in the Marriage Certificate Book.”
Verification
The petition ends with the verification by the applicant, affirming that the statements made in the petition are true to the best of their knowledge and belief. The verification is signed by the applicant and the advocate handling the case.
Example:
- “I, [Name of Applicant], hereby solemnly affirm that the statements in Paragraphs 1 to 8 of this application are true to my knowledge, and I believe the statements in Paragraphs 9 to 11 to be true. Verified on this 2025.”
Conclusion
Filing for divorce under the Special Marriage Act requires careful preparation and documentation. Section 29 provides a legal avenue for petitioners who seek to divorce before completing one year from the marriage.
The process involves presenting detailed personal information, grounds for seeking permission, and any legal proceedings related to the marriage.
Legal Light Consulting can assist you in navigating the complexities of the Special Marriage Act, ensuring a smooth and professional process for your divorce.
Contact Legal Light Consulting for expert legal assistance on your divorce matter.
