Section 40B of SMA : Section 40B: Special Provisions Relating To Trial And Disposal Of Petitions Under The Act

The Special Marriage Act, 1954

Bare Act

  • CHAPTER VII: JURISDICTION AND PROCEDURE

40B Special provisions relating to trial and disposal of petitions under the Act

  1. The trial of a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day, until its conclusion, unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.
  2. Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.
  3. Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.

Simplified Act

Simplified Explanation of Special Marriage Act, 1954 - Section 40B

  1. Court hearings for cases under this Act should happen every day without interruption if possible, to finish the trial quickly and fairly. If a break is needed, the court must explain why it's necessary to pause the trial until after the next day.
  2. Each case under this Act should be handled quickly. The goal is to finish the trial within six months after the person b...

Explanation using Example

Imagine a couple, Rahul and Priya, who married under the Special Marriage Act. After some years, they decide to file for divorce due to irreconcilable differences. They submit a petition for divorce to the family court. In accordance with Section 40B of the Special Marriage Act, 1954, the court schedules the trial to be held on consecutive days to ensure a swift resolution. Despite a request from Priya's lawyer for a week-long adjournment to gather additional evidence, the court decides to adjourn only...

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