Law · Special Marriage Act
Ms. A and Mr. B were married under the Special Marriage Act, 1954. Ms. A single-handedly presented a petition for divorce on the ground that they have been living separately and her husband was in an adulterous relationship. She labeled it as a petition for 'divorce by mutual consent'. Which of the following statements is correct?
Verified Solution4 OptionsUpdated: October 2026👁️1 View
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- 1The court shall pass a decree of divorce by mutual consent six months after the presentation.
- 2The court shall pass a decree of divorce by mutual consent eighteen months after the presentation.
- 3The court cannot pass a decree of divorce by mutual consent because such a petition must be presented jointly by both parties.✓
- 4The court will treat it as a valid mutual consent petition because the separation period exceeds one year.
Correct answer
The court cannot pass a decree of divorce by mutual consent because such a petition must be presented jointly by both parties.
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