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

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 with John.
• There has been no unnecessary delay in filing the petition.
• There are no other legal grounds to deny the relief sought by Jane.

The court is satisfied with the conditions laid out in Section 34 of the Special Marriage Act and decides to proceed with the relief sought by Jane.

However, before granting the divorce, the court attempts to reconcile the couple, as mandated by the Act. The court adjourns the proceedings for fifteen days and refers the matter to a marriage counselor agreed upon by both parties. Unfortunately, reconciliation efforts fail as reported by the counselor.

Considering all the factors and the counselor's report, the court decides to grant the decree of divorce to Jane. After the decree is passed, the court provides a copy of the decree to both John and Jane free of cost.