Section 34: Duty of Court in passing decrees
Special Marriage Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1954
Special Marriage Act • Official Statutory Text & Practice Guide
(1) In any proceeding under Chapter V or Chapter VI, whether defended or not, if the Court is satisfied that,
(a) any of the grounds for granting relief exists; and
(b) where the petition is founded on the ground specified in clause (a) of sub-section (1) of section 27, the petitioner has not in any manner been accessory to or connived at or condoned the act of sexual intercourse referred to therein, or, where the ground of the petition is cruelty, the petitioner has not in any manner condoned the cruelty; and
(c) when divorce is sought on the ground of mutual consent, such consent has not been obtained by force, fraud or undue influence; and
(d) the petition is not presented or prosecuted in collusion with the respondent; and
(e) there has not been any unnecessary or improper delay in instituting the proceeding; and
(f) there is no other legal ground why the relief should not be granted;
then, and in such a case, but not otherwise, the Court shall decree such relief accordingly.
(2) Before proceeding to grant any relief under this Act it shall be the duty of the Court in the first instance, in every case where it is possible so to do consistently with the nature and circumstances of the case, to make every endeavour to bring about a reconciliation between the parties:
of sub-section (1) of section 27.
(3) For the purpose of aiding the Court in bringing about such reconciliation, the Court may, if the parties so desire or if the Court thinks it just and proper so to do, adjourn the proceeding for a reasonable period not exceeding fifteen days and refer the matter to any person named by the parties in this behalf or to any person nominated by the Court if the parties fail to name any person, with directions to report to the Court as to whether reconciliation can be and has been, effected and the Court shall in disposing of the proceeding have due regard to the report.
(4) In every case where a marriage is dissolved by a decree of divorce, the Court passing the decree shall give a copy thereof free of cost to each of the parties.
Legal Commentary & Landmark Judgments: Section 34
Section 34 of the Special Marriage Act, 1954 codifies the statutory duty of the court in passing decrees and mandatory reconciliation.
This statutory framework establishes clear operational guidelines, balancing legal compliance with procedural safeguards.
Section 34 obligates the court to actively scrutinize petitions even when undefended. Ex-parte decrees cannot be granted mechanically; the court must record satisfaction regarding the absence of condonation, collusion, undue delay, and own wrong. The reconciliation mandate under sub-section (2) is actively enforced through in-person Family Court mediation sessions.