Family Law: In India, if two people from different religious backgrounds want to legally tie the knot, they can opt for a special marriage under the provisions of the law. This law not only allows for the registration of such unique unions but also covers the process of divorce in these cases. If a couple in a special marriage decides to part ways amicably, they can seek a divorce through mutual consent. To do so, both parties need to file a joint petition in the district court, stating that they have lived separately for a year or more and have mutually agreed to dissolve their marriage.

After a waiting period of at least six months (but not exceeding eighteen months), the district court, following a hearing and necessary inquiry, can declare the marriage dissolved if it satisfies the conditions. Interestingly, the physical presence of the couple during the divorce petition is not mandatory; they can even submit affidavits to convince the court of their mutual agreement.

Previous Year Questions on Family Law and Special Marriage Act

Question: In this scenario, considering that Ms. A, a Hindu female, and Mr. B, a Christian male, got married under the special marriages law in January 2018, and on January 26, 2021, they filed a joint petition for divorce by mutual consent, citing three years of mutual infliction of mental cruelty and an agreement to dissolve the marriage. Which of the following statements accurately reflects the situation?

(A) If both parties agree to divorce, the district court aims to finalize the process swiftly by issuing a divorce decree within six months of receiving the mutual consent petition.

(B) In cases of mutual consent for divorce, the district court seeks to complete the proceedings within a reasonable timeframe, typically issuing a decree after a period of eighteen months from the initial petition.

(C) The district court does not rush to grant a divorce decree immediately upon mutual consent but follows a process to ensure due diligence.

(D) If the district court is convinced that the marriage was valid and both parties mutually consent to divorce, it has the authority to promptly issue a divorce decree.

Question: Can you help me understand what might happen in the situation where Ms. A and Mr. B, who got married in January 2018 under special marriage laws, are seeking a divorce by mutual consent in February 2021? Ms. A claims that they have been living apart for a year because Mr. B is involved in an adulterous relationship with Ms. X, who is also Christian. What could be the likely legal outcome in this scenario?

(A) If both parties agree to the divorce, the district court will issue the decree six months after they initially file the divorce petition.

(B) In cases of mutual consent, the district court will grant a divorce decree after a period of eighteen months from the date the divorce petition is filed.

(C) If the necessary conditions for a divorce are not met, the district court cannot approve the divorce by mutual consent.

(D) The district court will not approve a divorce by mutual consent for Ms. A and Mr. B because they haven’t been living separately for more than one year.

Question: Ms. A, a Hindu lady, and Mr. B, a Christian gentleman, tied the knot through a special marriage law in January 2018. Fast forward to April 10, 2021, they both decided to file for a divorce by mutual consent, stating that they’ve been living apart for three years and have agreed to part ways amicably. Now, which statement below is accurate in this scenario?

(A) Once all the necessary legal steps are completed, the district court can grant a divorce by mutual consent.

(B) Since Ms. A and Mr. B have lived apart for over a year, the district court can promptly issue a divorce decree by mutual consent.

(C) The district court cannot approve a divorce by mutual consent because Ms. A and Mr. B’s marriage is not considered valid.

(D) The district court will not grant a divorce by mutual consent since neither Ms. A nor Mr. B is deemed at fault in the marriage.

Question: In this situation, Ms. A, a Hindu female, and Mr. B, a Christian male, married under the special marriage law in January 2018. On June 16, 2021, they jointly filed for divorce by mutual consent, citing three years of living separately and mutual agreement to dissolve the marriage. Ms. A was physically present in the district court, while Mr. B joined via video-conferencing. Which statement accurately describes the scenario?

(A) The district court may 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 after all other legal requirements are fulfilled.

(C) The district court shall not pass a decree of divorce by mutual consent.

(D) Both (A) and (B).

Question: Meet Ms. A, a Hindu woman, and Mr. B, a Christian man. They tied the knot through a special marriage law in January 2018. Fast forward to March 15, 2021, they both decided to file for divorce, stating that they’ve been living apart for three years and agreed to part ways. Now, after six months, the district court looked into the case, had a chat with the couple, and did some investigating. Turns out, the court found that their marriage was conducted under the special marriage law and that Ms. A’s agreement for the divorce was obtained through deceit. In this situation, which of the following statements is accurate?

(A) The district court will grant a divorce decree as both parties have agreed to end their marriage, meeting all the necessary legal criteria.

(B) The district court will issue a divorce decree since the marriage was conducted in accordance with the laws governing special marriages.

(C) Unfortunately, the district court cannot grant a divorce decree as both parties did not agree mutually to end their marriage.

(D) The district court cannot issue a divorce decree because Ms. A has not faced any legal consequences for fraud in this matter.

Answers:

1. C

2. C

3. A

4. D

5. C

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