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Special Marriage Act, 1954

Section 27(1) of the Sepcial Marriage Act, contains 10 fault ground for divorce on which either spouse can seek divorce.

Petition for divorce may be presented to the districe court either by the husband or the wife on the ground that the respondent:

  1. Adultery- had voluntary sexual intercourse with any other person than his or her spouse
  2. Desertion - deserted the petitioner for past 2 years
  3. Undergoing a sentence of imprisonment for 7 years or more
  4. Cruelty
  5. Incurably of unsound mind
  6. Suffering from veneral disease in a communicable form
  7. Suffering from leprosy
  8. Not heard for period of 7 years
  9. Following 2 grounds can only be used by wife U/S 27(1A)
    Been guilgy of rape, sodomy or bestiality
  10. Maintenance U/S 18 of Hindu Adoptions and Maintenance Act, 1956 or U/S 125 of CRPC, 1973 (2 of 1974)

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