Section 34 of SMA : Section 34: Duty Of Court In Passing Decrees
SMA
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Explanation using Example
Imagine a couple, John and Jane, who entered into a marriage under the Special Marriage Act. After a few years, Jane decides to file for divorce on the grounds of cruelty. She approaches the court and files a petition under Chapter V of the Special Marriage Act.
The court reviews her petition and finds that:
- Jane has provided sufficient evidence of cruelty by John.
- She has not condoned the cruelty at any point.
- Her consent for divorce is not obtained by force, fraud, or undue influence.
- The petition is not filed in collusion wi...
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