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 provisions of the law relating to special marriages in January 2018. On June 16, 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. during the presentation of the petition, while ms. A was present physically in the district court, mr. b joined via video-conferencing. in the given situation, which of the following statements is correct?

The correct answer is both (A) and (b).

Step-by-Step Explanation:

1. Understanding the Legal Requirements for Divorce by Mutual Consent under the Special Marriage Law:
Based on the provided passage, obtaining a divorce by mutual consent under the Special Marriage Act requires satisfying specific legal conditions:

• The parties must jointly present a petition for divorce to the district court on the grounds that:
  1. They have been living separately for one year or more.
  2. They have not been able to live together.
  3. They have mutually agreed that the marriage should be dissolved.
• Waiting Period: The decree of divorce can be declared by the district court at least six months after the presentation of the petition, but not later than eighteen months after the presentation.
• Mode of Appearance: The physical personal presence of the parties before the district court at the time of presenting the joint petition is not mandatory. The court can be satisfied even via affidavit or electronic modes (such as video-conferencing, as long as the court is satisfied that all requirements are fulfilled).

2. Analyzing the Facts of the Case:

• Ms. A (Hindu) and Mr. B (Christian) were married under the special marriage provisions in January 2018.
• On June 16, 2021, they jointly presented a petition for divorce by mutual consent.
• They have been living separately for three years (which satisfies the requirement of living separately for at least one year).
• Ms. A was physically present, while Mr. B joined via video-conferencing. Since physical presence is not mandatory at the time of presenting the petition, joining via video-conferencing/satisfying the court is legally valid.

3. Evaluating the Options:

• Option (A): "the district court may pass a decree of divorce by mutual consent six months after the date of presentation of petition for divorce." - This is correct because the statutory minimum waiting period of six months must elapse after the presentation of the petition.
• Option (B): "the district court shall pass a decree of divorce by mutual consent after all other legal requirements are fulfilled." - This is also correct because once the hearing, necessary inquiry, statutory period, and satisfaction of the court regarding the special marriage status and claims are completed, the court shall declare the marriage dissolved.