Section 29 of Special Marriage Act, 1954 is applicable
[see: section 18 of Foreign Marriage Act, 1939]
The Petition for divorce can be filed only after
one year has been passed since the date of entering the certificate of marriage
in Marriage Certificate Book.
District Court, however waive off such one year
constraint on application being made on this behalf on the ground that the case
is one of exceptional hardship suffered by the petitioner or of exceptional
depravity on the part of the respondent. Such application, however, should not
be presented by misrepresenting or concealment of the fact.
If district court finds that the application is
presented by misrepresenting or concealment of the fact, it can pronounce the
decree, subject to the condition that the decree shall not have effect until
after the expiry of one year from the date of the marriage or may dismiss the
petition. If District dismisses the petition it may be brought after the
expiration of the said one year period.
Also see: