Special Marriage Act, 1954
34. Duty of court in passing decrees
(1) In any proceeding
under Chapter V or Chapter VI, whether defended or not, if the court is
satisfied that,-
(a) any of the grounds
for granting relief exists ; and
(b) 36[where the petition is
founded on the ground specified in clause (a) of sub-section (1) of section 27,
the petitioner has not in any manner been accessory to or connived at or
condoned the act of sexual intercourse referred to therein,] or, where the
ground of the petition is cruelty, the petitioner has not in any manner
condoned the cruelty ; and
(c) when divorce is sought on the ground of
mutual consent, such consent has not been obtained by force, fraud or
undue influence ; and
(d) the petition is not presented or
prosecuted in collusion with the respondent ; and
(e) there has not been any unnecessary or
improper delay in instituting the proceedings ; and
(f) there is no other
legal ground why the relief should not be granted ;
then, and in such a case, but not otherwise,
the court shall decree such relief accordingly.
(2) Before proceeding
to grant any relief under this Act it shall be the duty of the court in the
first instance, in every case where it is possible so to do consistently with
the nature and circumstances of the case, to make every endeavor to bring about
a reconciliation between the parties :
37 [Provided that
nothing contained in this sub-section shall apply to any proceeding wherein
relief is sought on any of the grounds specified in clause (c), clause (e), clause
(f), clause (g) and clause (h) of sub-section (1) of section 27.]
37 [(3) For the purpose
of aiding the court in bringing about such reconciliation, the court may, if
the parties so desire or if the court thinks it just and proper so to do,
adjourn the proceedings for a reasonable period not exceeding fifteen days and
refer the matter to any person named by the parties in this behalf or to any
person nominated by the court if the parties fail to name any person, with
directions to report to the court as to court as to whether reconciliation can
be and has been, effected and the court shall in disposing of the proceeding
have due regard to the report.
(4) In every case
where a marriage is dissolved by a decree of divorce, the court passing the decree
shall give a copy thereof free of cost to each of the parties.]