Hindu marriage act Special Marriage Act
Eseencial Of 1.Both the parties to the marriage should be Hindu.
Valid Marriage
2.Neither party has a spouse living at
the time of the marriage.
3.At the time of the marriage, neither party-
Is incapable of giving a valid consent to it in
consequence of unsoundness of mind OR,
has been suffering from mental disorder, OR
has been subject to recurrent attacks of insanity.
4.AGE:-The bridegroom has completed the age of
[twenty-one years] and the bride age of [eighteen
years] at the time of the marriage;
5. Prohibited Degrees Of Realationship:-The parties
are not within the degrees of prohibited relationship
unless the custom or usage governing each of them
permits of a marriage between the two.
They are:
1.If one is a lineal ascendant of the other; or
2.If one was the wife or the husband of a lineal
ascendant or descendant of the other; or
3.If one was the wife of the brother or of the father's or
mother's brother or of the grandfather's or
grandmother's brother of the other,
4.If the two are brother and sister, uncle and niece,
aunt and nephew, or children of brother and sister or
of two brothers or of two sisters.
6.Prohibition of Sapinda Relationship:-The parties
are not sapindas of each other, unless the custom or
usage governing each of them permits of a marriage
between the two.
7.The marriage should be solemnized in
accordance with
the customary rites and ceremonies:- The marriage
become complete if such rites and ceremonies include
the saptapadi
and binding when the seventh step is taken.
Parsi Marriage Act Christan Marriage Act
1.Both the parties to the marriage should be 1. Neither of the party should have a living
Parsi. spouse at the time of the marriage.
1.Neither party has a spouse living at 2.The Contracting Parties Shall Not be realated The agreement between the two parties must be
the time of the marriage. to each other in any of the degrees of free and voluntary and without compulsion,
consanguinity or affinity set forth in schedule I. undue influence, or threat of violence.
2.At the time of the marriage, neither party- 3.The marriage must be solemanized 3.AGE:-The bridegroom has completed the age
Is incapable of giving a valid consent to it in according to the parsi Form of ceremony called " of [twenty-one years] and the bride age of
consequence of unsoundness of mind OR, ASHIRVAD ". [eighteen years] at the time of the marriage;
has been suffering from mental disorder, OR
has been subject to recurrent attacks of insanity.
3.AGE:-The bridegroom has completed the age 4.AGE:-The bridegroom has completed the age 1. The marriage must be performed in the
of [twenty-one years] and the bride age of of [twenty-one years] and the bride age of presence of a person licensed to grant a
[eighteen years] at the time of the marriage; [eighteen years] at the time of the marriage; certificate of marriage and at least two reliable
witnesses.
4. Prohibited Degrees Of Realationship:-The 5. The Marriage must be Solemanized By parsi
parties are not within the degrees of prohibited In Presence of Two two parsi witnesses other
relationship unless the custom or usage than such priest.
governing each of them permits of a marriage
between the two.
They are:
1.If one is a lineal ascendant of the other; or
2.If one was the wife or the husband of a lineal
ascendant or descendant of the other; or
3.If one was the wife of the brother or of the
father's or mother's brother or of the
grandfather's or grandmother's brother of the
other,
4.If the two are brother and sister, uncle and
niece, aunt and nephew, or children of brother
and sister or of two brothers or of two sisters.
5.Prohibition of Sapinda Relationship:-The Any child of such marriage who would have been
parties are not sapindas of each other, unless legitimate if the marriage had been valid, shall be
the custom or usage governing each of them legitimate.
permits of a marriage between the two.
GROUNDS FOR Adultery: where the person had intended physical
DIVORCE relationship with a person other than his/her spouse.
Cruelty: The aggrieved party has been treated cruelly
after marriage in terms of physical or mental torture.
Desertion: The spouse of the aggrieved party has deserted the
spouse without giving any reasonable cause or without the
consent or against the wish of aggrieved party for a period of 2
years urgently prior to the date of filing the petition for divorce.
Change of Religion: If the person has changed his religion and
is no longer a Hindu due to conversion to some other religion.
Unsound mind: The spouse is mentally unstable or has been
suffering from intermittent mental disorder of such a kind and to
such an extent that the aggrieved party cannot
reasonably be expected to live together with his/her spouse.
Here, mental disorder includes mental illness, incomplete or
retarded development of mind, psychopathic disorder or other
mental disability including schizophrenia.
Incurable leprosy: The spouse of aggrieved party is
suffering with virulent type of leprosy.
Venereal Disease: The spouse is suffering from a
disease which is of communicable form.
Renunciation for religion: The spouse has repudiated the world
by joining a spiritual or religious order
Not alive for 7 years: The person has not been seen or
heard to be living for a period of 7 years or more by parties
known to him and has been declared dead.
Adultery: where the person had intended physical
relationship with a person other than his/her spouse.
Cruelty: The aggrieved party has been treated cruelly
after marriage in terms of physical or mental torture.
Desertion: The spouse of the aggrieved party has
deserted the spouse without giving any reasonable cause
or without the consent or against the wish of aggrieved
party for a period of 2 years urgently prior to the date of
filing the petition for divorce.
Change of Religion: If the person has changed his
religion and is no longer a Hindu due to conversion to
some other religion.
Unsound mind: The spouse is mentally unstable or has
been suffering from intermittent mental disorder of such a
kind and to such an extent that the aggrieved party cannot
reasonably be expected to live together with his/her
spouse.
Here, mental disorder includes mental illness, incomplete
or retarded development of mind, psychopathic disorder or
other mental disability including schizophrenia.
Incurable leprosy: The spouse of aggrieved party is
suffering with virulent type of leprosy.
Venereal Disease: The spouse is suffering from a
disease which is of communicable form.
Not alive for 7 years: The person has not been seen or
heard to be living for a period of 7 years or more by parties
known to him and has been declared dead.
That there has been no restitution of conjugal rights as
between the parties to the marriage for a period of one
year
or upwards after the passing of a decree for
restitution of conjugal rights in a proceeding to which they
were parties.
That there has been no resumption of cohabitation as
between the parties to the marriage for a period of one
year
or upwards after the passing of a decree for judicial
separation
in a proceeding to which they were parties
Adultery: where the person had intended physical
relationship with a person other than his/her spouse.
Cruelty: The aggrieved party has been treated cruelly
after marriage in terms of physical or mental torture.
Desertion: The spouse of the aggrieved party has
deserted the spouse without giving any reasonable cause
or without the consent or against the wish of aggrieved
party for a period of 2 years urgently prior to the date of
filing the petition for divorce.
Change of Religion: If the person has changed his
religion and is no longer a Parsi due to conversion to
some other religion.
That the defendant at the time of the marriage was of
unsound mind and has been habitually so up to the date of
the suit.
Provided that divorce shall not be granted on this ground,
unless the plaintiff (1) was ignorant of the fact at the time
of
the marriage, and (2) has filed the suit within three years
from the date of the marriage
Incurable leprosy: The spouse of aggrieved party is
suffering with virulent type of leprosy.
Venereal Disease: The spouse is suffering from a
disease which is of communicable form.
Renunciation for religion: The spouse has repudiated
the world by joining a spiritual or religious order
Not alive for 7 years: The person has not been seen or
heard to be living for a period of 7 years or more by parties
known to him and has been declared dead.
Wife, pregnant at the time of marriage. Plaintiff ignorant at
the time of marriage,case to be filed within two years of
the date of marriage.
Non-Consummation within 1 year of marriage
after solemnization owing to the wilful request of the
respondent.
That there has been no restitution of conjugal rights as
between the parties to the marriage for a period of one
year
or upwards after the passing of a decree for
restitution of conjugal rights in a proceeding to which they
were parties.
That there has been no resumption of cohabitation as
between the parties to the marriage for a period of one
year
or upwards after the passing of a decree for judicial
separation
in a proceeding to which they were parties
Adultery: where the person had intended physical
relationship with a person other than his/her spouse.
That the respondent is leading the life of a prostitute, and
that the petitioner knows of no person with whom the
adultery has been committed that the name of the alleged
adulterer is unknown to the petitioner although he has
made due efforts to discover it. That the alleged adulterer
is dead.
Cruelty: The aggrieved party has been treated cruelly
after marriage in terms of physical or mental torture.
Desertion: The spouse of the aggrieved party has
deserted the spouse without giving any reasonable cause
or without the consent or against the wish of aggrieved
party for a period of 2 years urgently prior to the date of
filing the petition for divorce.
The person has ceased to be a Christian by converting to
another religion
The person is of an unsound mind or has an incurable
form of leprosy for a period of only two years before
presenting the petition
The person has wilfully refused to consummate the
marriage for a very long period
Not alive for 7 years: The person has not been seen or
heard to be living for a period of 7 years or more by parties
known to him and has been declared dead.
Renunciation for religion: The spouse has repudiated
the world by joining a spiritual or religious order
Not alive for 7 years: The person has not been seen or
heard to be living for a period of 7 years or more by parties
known to him and has been declared dead.
That there has been no restitution of conjugal rights as
between the parties to the marriage for a period of one
year
or upwards after the passing of a decree for
restitution of conjugal rights in a proceeding to which they
were parties.
Has wilfully refused to consummate the marriage and
the marriage has not therefore been consummated
A wife may also In the case of any marriage solemnized before the
present a commencement of this Act, that the husband had
petition married again before such commencement or that any
other wife of the husband married before such
commencement was alive at the time of the
solemnization of the marriage of the petitioner:
that the husband has, since the solemnization of the
marriage,
been guilty of rape, sodomy or bestiality
a decree or order, as the case may be, has been
passed against the
husband awarding maintenance to the wife
notwithstanding that she
was living apart and that since the passing of such
decree or order,
cohabitation between the parties has not been
resumed for one year
or upwards;
that her marriage (whether consummated or not) was
solemnized
before she attained the age of fifteen years and she
has repudiated
the marriage after attaining that age but before
attaining the age
of eighteen years
In the case of any marriage solemnized before
the commencement of this Act, that the husband
had married again before such commencement
or that any other wife of the husband married
before such commencement was alive at the
time of the solemnization of the marriage of the
petitioner:
that the husband has, since the solemnization of
the marriage,
been guilty of rape, sodomy or bestiality
a decree or order, as the case may be, has been
passed against the husband awarding
maintenance to the wife notwithstanding that she
was living apart and that since the passing of
such decree or order, cohabitation between the
parties has not been resumed for one year
or upwards;
that the husband has, since the solemnization of
In the case of any marriage solemnized before the marriage,
the commencement of this Act, that the husband been guilty of rape, sodomy or bestiality
had married again before such commencement
or that any other wife of the husband married
before such commencement was alive at the
time of the solemnization of the marriage of the
petitioner:
that the husband has, since the solemnization of
the marriage,
been guilty of rape, sodomy or bestiality
a decree or order, as the case may be, has been
passed against the husband awarding
maintenance to the wife notwithstanding that she
was living apart and that since the passing of
such decree or order, cohabitation between the
parties has not been resumed for one year
or upwards;
Essencial For on the ground that they have been living separately for a petition for divorce may be presented to the a petition for divorce may be presented to the The section provides a requisite of two years of
Divorce a period district court by both the parties together on the district court by both the parties together on the separation before applying for a divorce under
by Mutual of one year or more, that they have not been able to ground that they have been living separately for a ground that they have been living separately for a christian law.
Concern live together and that they have mutually agreed that period of one year or more,that they have not period of one year or more,that they have not
the marriage should be dissolved. been able to live together and that they have been able to live together and that they have
mutually agreed that the marriage should be mutually agreed that the marriage should be
dissolved. dissolved.
[On the motion of both the parties made not earlier [On the motion of both the parties made not The Court shall, on being satisfied, after hearing
than earlier than the parties
six months after the date of the presentation of the six months after the date of the presentation of and after making such inquiry as it thinks fit, that
petition the petition a marriage
referred to in sub-section (1) and not later than referred to in sub-section (1) and not later than has been solemnized under this Act and the
eighteen months] eighteen months] averments in
After the said date, if the petition is not withdrawn in After the said date, if the petition is not withdrawn the plaint are true and that the consent of either
the in the party to the Parties were not able to live together.They
meantime,the district court shall, on being satisfied, meantime,the district court shall, on being suit was not obtained by force or fraud, pass a have mutually agreed to end their marital
after satisfied, after decree relationship.
hearing the parties and after making such inquiry as it hearing the parties and after making such declaring the marriage to be dissolved with effect
thinks fit, that a marriage has been solemnized under inquiry as it thinks fit, that a marriage has been from the
this Act, and that the averments in the petition are solemnized under this Act, and that the date of the decree.
true, pass a decree declaring the marriage to be averments in the petition are true, pass a decree
dissolved with effect from the date of the decree. declaring the marriage to be dissolved with effect
from the date of the decree.

[On the motion of both the parties made not

earlier than
six months after the date of 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, pass a decree
declaring the marriage to be dissolved with effect
from the date of the decree.