Special Marriage Act, 1954
28. Divorce by mutual consent
(1) Subject to the
provisions of this Act and to the rules made thereunder, a petition for divorce
may be presented to the district court by both the parties together on the
ground that they have been living separately for a period of one year or more,
that they have not been able to live together and they have mutually agreed
that the marriage should be dissolved.
(2) 30[on
the motion of both the parties made not earlier than six months after the date
or the presentation of the petition referred to in sub-section (1) and not
later than eighteen months] after the said date, if the petition is not
withdrawn in the meantime, the district court shall, on being satisfied , after
hearing the parties and after making such inquiry as it thinks fit, that a
marriage has been solemnized under this Act, and that the averments in the
petition are true, a pass a decree declaring the marriage to be dissolved with
effect from the date of the decree.