Section 34 of SMA : Section 34: Duty Of Court In Passing Decrees

(1) In any proceeding under Chapter V or Chapter VI, whether defended or not, if the court is satisfied that, (a) any of the grounds for granting relief exists; and (b) where the petition is founded on the ground specified in clause (a) of sub-section (1) of section 27, the petitioner has not in any manner been accessory to or connived at or condoned the act of sexual intercourse referred to therein, or, where the ground of the petition is cruelty, the petitioner has not in any manner condoned the cruelty; and (c) when divorce is sought on the ground of mutual consent, such consent has not been obtained by force, fraud or undue influence; and (d) the petition is not presented or prosecuted in collusion with the respondent; and (e) there has not been any unnecessary or improper delay in instituting the proceedings; and (f) there is no other legal ground why the relief should not be granted; then, and in such a case, but not otherwise, the court shall decree such relief accordingly. (2) Before proceeding to grant any relief under this Act it shall be the duty of the court in the first instance, in every case where it is possible so to do consistently with the nature and circumstances of the case, to make every endeavour to bring about a reconciliation between the parties: Provided that nothing contained in this sub-sect...

(1) If, during legal proceedings related to marital issues (Chapters V or VI), the court finds that: (a) There is a valid reason for granting the divorce or other marital relief; (b) The person asking for the divorce has not encouraged, ignored, or accepted the sexual act or cruelty they are complaining about (if those are the reasons for the divorce);...

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 suffi...