Law · Special Marriage Act
Ms. A and Mr. B jointly presented a petition for mutual consent divorce. During the statutory inquiry, the court finds that the consent of Ms. A for presenting the petition was obtained by fraud or coercion. In this situation, which statement is legally correct?
Verified Solution4 OptionsUpdated: October 2026👁️1 View
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- 1The district court will pass the decree but initiate separate criminal proceedings for fraud against Ms. A.
- 2The district court shall not pass a decree of divorce because free and genuine mutual consent between the parties does not exist.✓
- 3The district court shall grant the divorce under the Special Marriage Act automatically as a matter of right.
- 4The district court shall still pass a decree of divorce by mutual consent because the petition was signed by both.
Correct answer
The district court shall not pass a decree of divorce because free and genuine mutual consent between the parties does not exist.
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