NATURE OF
REMEDY | RELEVANT PROVISIONS UNDER THE SPECIAL
MARRIAGE ACT, 1954 |
1. Restitution
of Conjugal rights | Section 22
Withdrawal from the
Society of other spouse without reasonable
excuse |
| 2. Judicial Separation | Section 23
On all the grounds of divorce U/s 27 (1)
and 27 (1-A) (See the grounds under the divorce column
bellow) |
| 3. Nullity & Annulment | Section 24 and 25- Has a spouse living at the time of marriage.
- Unsoundness of mind.
- Mental disorder.
- Insanity.
- Male not completed the age of 21 years. Female not completed the age
of 18 years. - Parties are within the degrees of prohibited relationship.
- Non consummation of marriage.
- Pregnant at the time of the marriage by some other person other than
husband. - Consent was obtained by coercion or
fraud.
|
| 4. Divorce by Mutual consent | Section
28
Parties living separately for one year and upwards and they
have not been able to the together and they mutually agreed to dissolve
the marriage. |
| 5. Divorce | Section 27- Adultery (S 27(1) (a)
- Desertion for a period of 2 years (S27 (1)(b) without reasonable
cause - Undergoing a sentence of imprisonment for 7 years or more (S27
(1)(c) - Cruelty (S27 (1)(d)
- Unsound mind and mental disorder (S 27(1) (e)
- Suffering from venereal disease (S 27(1) (f)
- Suffering from leprosy (S 27(1) (g)
- Not heard of being living for 7 years (S 27(1)
(h)
Petition by wife only - Husband being guilty of rape, sodomy or bestiality (S 27 (1-A)
(i) - Wife receiving maintenance when cohabitation not resumed for one
year or upwards (S 27(1-A) (ii) - No resumption of cohabitation for one year or upwards after the
decree of judicial separations (S 27(2) (i) - No restitution of conjugal rights for one year or more after the
decree of restitution of conjugal rights (S 27(2)
(ii)
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