Section 27 of Special Marriage Act, 1954 is
applicable [See section 18 (1) of Foreign Marriage Act, 1969].
A party to foreign marriage (either husband or
wife) may present a petition for divorce in the district court on any one or
more of the following grounds:
The grounds for divorce are that the other
spouse:
(i) has, after the solemnization of the
marriage, had voluntary done sexual intercourse with any person other than his
or her spouse; or
(ii) has deserted the petitioner for a continuous
period of not less than two years immediately preceding the presentation of the
petition. The expression" desertion" means desertion of the
petitioner by the other party to the marriage without reasonable cause and
without the consent or against the wish of such party, and includes the willful
neglect of the petitioner by the other party to the marriage]; or
(iii)
is undergoing a sentence of imprisonment for
seven years or more for an offence as defined in the Indian Penal Code, 1860;
(iv)
has since the solemnization of the marriage
treated the petitioner with cruelty; or
(v) has been incurably of unsound mind, or has been
suffering continuously or intermittently from mental disorder of such a kind
and to such an extent that the petitioner cannot reasonably be expected to live
with the respondent.
(vi) has been suffering from
venereal disease in a communicable form; or.
(vii)
has been suffering from leprosy, the disease not
having been contacted from the petitioner; or
(viii) has not been heard of as being alive for
a period of seven years or more;
(ix) 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; or
(x) 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.
A wife may also present a petition for divorce
on the ground that:
(i) her husband has, since the solemnization of the
marriage, been guilty of rape, sodomy or bestiality;
(ii) in a suit under section 18 of the Hindu Adoptions and Maintenance Act, 1956, or in a proceeding under section 125 of
the Code of Criminal Procedure, 1973, 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.
Where petition can be presented
As per
section 18 of the Foreign Marriage Act, 1969, the petition shall be presented
to the district court within the local limits of whose ordinary civil
jurisdiction -
(a) the
respondent is residing at the time of the presentation of the petition ; or
(b)
the husband and wife last resided together; or
(c) the
petitioner is residing at the time of the presentation of the petition,
provided that the respondent is at that time residing outside India.
Meaning of
District Court
The term
“district court” has the same meaning as in the Special Marriage Act, 1954.
As per section 2(e) of Special Marriage Act, 1954 the "District Court" means:
(i) in any area for which there is a City Civil
Court, and in any other area, the principal Civil Court of original
jurisdiction is situated
(ii) It includes any other Civil Court, which
may be specified by the State Government by notification in the Official
Gazette as having jurisdiction in respect of the matters dealt with in this
Act:
Additional
Condition
As per
section 18(3)(a) Court will grant relief, if
(i) the
parties to the marriage are domiciled in India at the time of the presentation
of the petition; or
(ii) the
petitioner, being the wife, was domiciled in India immediately before the
marriage and has been living in India for a period of not less than three years
immediately preceding the presentation of the petition;
As per section 18 (3)(d) the
petitioner must be residing in India at the time of presenting the petition.
Court
cannot grant any relief, if in relation to any marriage of foreign country not
solemnized under it, if
the grant of relief in respect of such marriage (whether on any of the grounds
specified in the Special Marriage Act, 1954, (45 of 1954) or otherwise) is
provided for under any other law for the time being in force.
Also see: