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 April 10, 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 living separately 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?

Correct Answer: the district court shall pass a decree of divorce by mutual consent after all other legal requirements are fulfilled.

Step-by-Step Explanation:

1. Analyzing the legal principles provided:

Based on the provided text, a special marriage (between individuals of different religious affiliations, such as a Hindu female and a Christian male) can be legally dissolved through divorce by mutual consent under the Special Marriage Act rules outlined:

• Both parties must jointly present a petition for divorce to the district court.
• Ground required: They have been living separately for one year or more, cannot live together, and have mutually agreed to dissolve the marriage.
• Timeframe/Procedure: The court shall declare the marriage dissolved at least six months after the presentation of the petition (and not later than eighteen months after), after making necessary inquiry and being satisfied that all legal requirements and claims are true.

2. Applying the facts of the case:

• Ms. A (Hindu) and Mr. B (Christian) were legally married under the law relating to special marriages in January 2018.
• On April 10, 2021, they jointly filed a petition for divorce by mutual consent after living separately for three years (which satisfies the requirement of living separately for one year or more).
• The court cannot grant an instant/immediate decree on the exact day of filing because the law specifies a waiting period (at least six months, but not later than eighteen months after filing) for necessary inquiry and satisfaction of legal conditions.

3. Evaluating the options:

• Option 1: "the district court shall pass a decree of divorce by mutual consent after all other legal requirements are fulfilled." — Correct, as the court must follow the mandatory period and procedural inquiry/fulfillment of statutory conditions.
• Option 2: Incorrect, because a decree cannot be passed "immediately" upon presentation.
• Option 3: Incorrect, because an inter-religious marriage between a Hindu and a Christian is valid under the special marriage provisions.
• Option 4: Incorrect, because fault is not required for divorce by mutual consent.