Question Details

A special marriage, i.e., a marriage between persons from two different religious affiliations can be legally contracted in India under the provisions of the law relating to special marriages. The law relating to special marriages provides for the registration of such marriages and for divorce in such cases. One of the modes in which a special marriage can be legally terminated is through divorce by mutual consent of parties to the marriage. In order to obtain a divorce by mutual consent, both the parties to the special marriage are required to jointly present a petition for divorce to the district court on the ground that they have been living separately for one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. At least six months after the presentation of such petition, but not later than eighteen months after the presentation of such petition, the district court, after hearing the parties and after making the necessary inquiry, and being satisfied that the marriage is a ‘special marriage’, and that the claims made in the petition are true, shall declare the marriage to be dissolved. Further, the personal presence of the parties before the district court at the time of presenting the joint petition for divorce is not mandatory, as the parties can satisfy the court even by affidavit that the requirements for granting divorce on mutual consent are fulfilled.



ms. A, a Hindu female and mr. b, a Christian male, got married as per the law relating to special marriages in January 2018. On January 26, 2021, ms. A and mr. b jointly presented a petition for divorce by mutual consent before the district court on the ground that they have been inflicting mental cruelty on each other for a period of three years and that they have mutually agreed that the marriage should be dissolved. in the given situation, which of the following statements is correct?

Options

A

the district court shall pass a decree of divorce within six months after the presentation of petition for divorce by mutual consent.

B

the district court shall pass a decree of divorce after eighteen months of the presentation of petition for divorce by mutual consent.

C

the district court shall not immediately pass a decree of divorce by mutual consent.

D

the district court shall immediately pass a decree of divorce by mutual consent if it is satisfied that the marriage was valid.

Show Answer

Correct Answer :

Option C

the district court shall not immediately pass a decree of divorce by mutual consent.

Solution :

The correct option is: the district court shall not immediately pass a decree of divorce by mutual consent.


Step-by-Step Explanation:


1. Understanding the Legal Provisions:
According to the given passage detailing the law relating to special marriages in India:

- To obtain a divorce by mutual consent, both parties must jointly present a petition to the district court on specific grounds (e.g., living separately for one year or more, inability to live together, and mutual agreement to dissolve the marriage).

- There is a mandatory statutory waiting period: the court can only declare the marriage dissolved at least six months after the presentation of the petition, but not later than eighteen months after its presentation, provided the court is satisfied after hearing the parties and conducting necessary inquiries.


2. Analyzing the Scenario:
- Ms. A and Mr. B jointly presented a petition for divorce by mutual consent on January 26, 2021.

- Because the law requires a statutory cooling-off period of at least six months from the date of presentation before a decree can be granted, the district court cannot pass a decree of divorce immediately upon receiving the petition.


3. Conclusion:
Therefore, the district court shall not immediately pass a decree of divorce by mutual consent, making the third statement correct.

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