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 February 15, 2021, ms. A presented a petition for divorce by mutual consent before the district court on the ground that ms. A and mr. b have been living separately for a period of one year because mr. b has been in an adulterous relationship with ms. X, a Christian female. in the given situation, which of the following statements is correct?

Options

A

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

B

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

C

the district court shall not pass a decree of divorce by mutual consent as the requirements for grant of divorce are not fulfilled.

D

the district court shall not pass a decree of divorce by mutual consent as ms. A and mr. b have not been living separately for more than one year.

Show Answer

Correct Answer :

Option C

the district court shall not pass a decree of divorce by mutual consent as the requirements for grant of divorce are not fulfilled.

Solution :

The correct answer is: the district court shall not pass a decree of divorce by mutual consent as the requirements for grant of divorce are not fulfilled.

Step-by-step Explanation:

1. Understand the legal requirements for Divorce by Mutual Consent:
According to the passage, in order to obtain a divorce by mutual consent under the law relating to special marriages, both parties to the special marriage are required to jointly present a petition for divorce to the district court on specific grounds (including living separately for one year or more and mutually agreeing that the marriage should be dissolved).

2. Analyze the facts of the case:
- Ms. A (Hindu) and Mr. B (Christian) were married under the law relating to special marriages in January 2018.
- On February 15, 2021, Ms. A alone presented a petition for divorce by mutual consent before the district court based on allegations of Mr. B's adulterous relationship.

3. Identify why the petition fails:
A petition for divorce by mutual consent requires a joint presentation by both parties who mutually agree to dissolve the marriage. Here, the petition was presented solely by Ms. A on the ground of adultery, rather than jointly by both Ms. A and Mr. B by mutual consent.

Conclusion:
Since the statutory requirement of a joint petition by both parties was not fulfilled, the district court cannot pass a decree of divorce by mutual consent.

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