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

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 until the next day, recording the reasons for this short delay. The court is mindful of the Act's provision to conclude the trial within six months from the notice being served to Rahul. Their case begins promptly, and the court sessions are held back-to-back, with minimal delays, focusing on resolving the matter efficiently and justly.