Section 29 of SMA : Section 29: Restriction On Petitions For Divorce During First One Year After Marriage

Explanation using Example

Imagine a couple, Arjun and Meera, who got married under the Special Marriage Act on June 1, 2022. By December 2022, Arjun discovers that Meera has been unfaithful multiple times, which causes him extreme distress. Despite their marriage being less than a year old, Arjun decides to file for divorce, citing exceptional hardship due to Meera's infidelity.

Arjun approaches the district court in January 2023, requesting to file for divorce before their first anniversary. He presents evidence of the emotional turmoil he has been experiencing. The court, considering the circumstances, grants him permission to file for divorce before the one-year threshold, acknowledging the exceptional hardship he's faced.

However, the court also takes into account potential future interests of any children they might have and the possibility of reconciliation. If the court suspects that Arjun misrepresented facts to obtain permission, they could either impose a condition on the divorce decree or dismiss the petition, allowing him to refile after June 1, 2023, if the same issues persist.