As per section 27A of Special Marriage Act, 1954, which is applicable on any foreign marriage under Foreign Marriage Act, 1969, in any divorce proceeding under this Act, the court may, if it considers
it just so to do having regard to the circumstances of the case, pass
instead a decree for judicial separation.
However court will not grant such alternative
relief if petition is founded on the ground mentioned in section 27(1)(h) i.e.
the respondent has not been heard of as being alive for a period of seven years
or more.
Also see: