Section 28 of SMA : Section 28: Divorce By Mutual Consent

Explanation using Example

Imagine a couple, Ravi and Priya, who got married under the Special Marriage Act. After three years of marriage, they find that their differences are irreconcilable and decide to part ways amicably. They have been living separately for over a year and agree that they should get a divorce.

They jointly file a petition for divorce in their district court, citing that they have lived separately for the required period and have mutually agreed to dissolve the marriage. After waiting for six months, they make a motion to the court to proceed with the divorce proceedings. The court, after verifying all details and ensuring that the marriage was solemnized under the Special Marriage Act, and that the couple has been living apart for the necessary period, grants them a decree of divorce, legally ending their marriage from the date of the decree.