Law · Special Marriage Act
Ms. A (a Hindu) and Mr. B (a Christian) were married under the Special Marriage Act. After living separately for three years, they jointly presented a petition for divorce by mutual consent, fulfilling all legal criteria. Which statement is correct regarding the power of the district court?
- 1The district court shall refuse the decree because a mutual consent divorce requires proving fault or cruelty by one party.
- 2The district court cannot pass a decree because an inter-faith marriage under the Special Marriage Act is legally invalid.
- 3The district court must pass the decree immediately on day one without any mandatory statutory waiting period.
- 4The district court shall pass a decree of divorce by mutual consent after the statutory waiting period and upon satisfaction of the legal requirements.✓
Correct answer
The district court shall pass a decree of divorce by mutual consent after the statutory waiting period and upon satisfaction of the legal requirements.
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