Section 27 of SMA : Section 27: Divorce

The Special Marriage Act, 1954

Bare Act

  • CHAPTER VI: NULLITY OF MARRIAGE AND DIVORCE

(1) Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the district court either by the husband or the wife on the ground that the respondent: (a) has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or (b) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or (c) is undergoing a sentence of imprisonment for seven years or more for an offence as defined in the Indian Penal Code (45 of 1860); (d) has since the solemnization of the marriage treated the petitioner with cruelty; or (e) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent. Explanation - In this clause, (a) the expression "mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia; (b) the expression "psychopathic disorder" means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the respondent, and whether or not it requires or is susceptible to medical treatment; or (f) has been suffering from venereal disease in a communicable form; or (h) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of the respondent if the respondent had been alive; Explanation - In this sub-section, the expression "desertion" means desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly; (1A) A wife may also present a petition for divorce to th...

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Simplified Act

(1) According to this law, either the husband or the wife can ask for a divorce in a district court if their spouse: (a) has had a sexual relationship with someone else after they got married; (b) has left the person asking for the divorce and stayed away for at least two years straight before the divorce request was made; (c) has been sentenced to prison for seven years or more for a crime; (d) has been cruel to the person asking for the divorce since they got married; (e) ...

Explanation using Example

Imagine a scenario where a woman named Priya has been married to Rohan for five years. Recently, Priya discovered that Rohan has been having an affair and has engaged in volu...

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