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Section 32: Contents and verification of petitions

Special Marriage Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1954
Section 31 All 51 Sections of Special Marriage Act Section 33

Legal Commentary & Landmark Judgments: Section 32

Section 32 mandates that the District Court must make every endeavor to bring about a reconciliation between the parties before proceeding to grant any relief under Chapter V or Chapter VI of the Special Marriage Act.

  • Mandatory Duty to Reconcile: In the first instance, it is the duty of the court to make every endeavor to bring about a reconciliation between the parties where the nature of the case permits.
  • Scope of Application: Applies to petitions for restitution of conjugal rights, judicial separation, nullity (voidable marriages), and divorce.
  • Adjournment for Conciliation: The court may adjourn the proceedings for a reasonable period not exceeding fifteen days and refer the matter to any person nominated by the parties or by the court to facilitate settlement.
Key Landmark Precedents:
  • K. Srinivas Rao v. D.A. Deepa (2013) 5 SCC 226: The Supreme Court emphasized that trial courts are statutorily commanded under Section 32 SMA to facilitate meaningful mediation and conciliation in family disputes before pronouncing decrees of dissolution.
  • Jagraj Singh v. Birpal Kaur (2007) 2 SCC 564: The Supreme Court held that the duty to attempt reconciliation is a vital legislative directive; courts must not treat conciliation as an empty formality.
Courtroom Practice & Strategic Litigation Guidance:

At the first appearance in a Section 27 divorce proceeding, be prepared for mandatory referral to court-annexed mediation under Section 32. If mediation fails, request an expedited date for framing of issues and recording of evidence without repetitive conciliatory adjournments.

Section 31 All 51 Sections of Special Marriage Act Section 33