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 march 15, 2021, ms. A and mr. b jointly presented a petition for divorce 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. Six months later, the district court, after hearing the parties and making inquiry, found that the marriage had been solemnized under the law relating to special marriages, and that the consent of ms. A for the presentation of petition of divorce was obtained by fraud. in the given situation, which of the following statements is correct?
Correct Answer :
the district court shall not pass a decree of divorce because there was no mutual consent between parties.
Solution :
Correct Answer: The district court shall not pass a decree of divorce because there was no mutual consent between parties.
Step-by-Step Explanation:
1. Legal Requirements for Divorce by Mutual Consent:
According to the law governing special marriages in India, a divorce by mutual consent requires that both parties jointly present a petition based on three key conditions:
(i) They have been living separately for a period of one year or more.
(ii) They have not been able to live together.
(iii) They have mutually agreed (consented) that the marriage should be dissolved.
2. Analysis of the Given Case:
Ms. A and Mr. B jointly presented a petition for divorce on March 15, 2021. However, during the inquiry held by the district court six months later, it was found that Ms. A's consent for presenting the divorce petition was obtained by fraud.
3. Impact of Fraud on Mutual Consent:
Consent obtained through fraud, coercion, or undue influence is not free or valid consent in the eyes of the law. Since Ms. A's consent was procured by fraud, genuine "mutual consent" between the two parties never existed at the time of petitioning or inquiry.
4. Conclusion:
The passage explicitly states that the court must be satisfied that the claims made in the petition are true before declaring the marriage dissolved. Because free and genuine mutual consent is absent due to fraud, the district court cannot be satisfied with the petition's validity and therefore shall not pass a decree of divorce.
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