Section Text
(1) Subject to theother provisions contained in this section, the provisions of Chapters IV, V,VI and VII of the Special Marriage Act, 1954 (43 of 1954) shall apply inrelation to marriages solemnized under this Act and to any other marriagesolemnized in a foreign country between parties of whom one at least is acitizen of India as they apply in relation to marriages solemnised under thatAct.
Explanation.--Inits application to the marriages referred to in this sub-section, section 24 ofthe Special Marriage Act, 1954 (43 of 1954) shall be subject to the followingmodifications, namely:--
(i)the reference in sub-section (1) thereof to clauses (a), (b), (c) and (d) ofsection 4 of that Act shall be construed as a referenceto clauses (a), (b), (c) and (d) respectively of section 4 of this Act, and
(ii)nothing contained in section 24 aforesaid shall apply to any marriage--
(a)which is not solemnized under this Act; or
(b)which is deemed to be solemnized under this Act by reason of the provisionscontained in section 17:
Providedthat the registration of any such marriage as is referred to in sub-clause (b)may be declared to be of no effect if the registration was in contravention ofsubsection (2) of section 17.
(2)Every petition for relief under Chapter V or Chapter VI of the Special MarriageAct, 1954 (43 of 1954) as made applicable to the marriages referred to insub-section (1), shall be presented to the district court within the locallimits 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 outsideIndia.
Explanation.--Inthis section, "district court" has the same meaning as in the SpecialMarriage Act, 1954 (43 of 1954)
(3)Nothing contained in this section shall authorise any court--
(a)to make any decree of dissolution of marriage, except where--
(i)the parties to the marriage are domiciled in India at the time of thepresentation of the petition; or
(ii)the petitioner, being the wife, was domiciled in India immediately before themarriage and has been residing in Indiafor a period of not less than three years immediately preceding thepresentation of the petition;
(b)to make any decree annulling a voidable marriage, except where--
(i)the parties to the marriage are domiciled in India at the time of thepresentation of the petition; or
(ii)the marriage was solemnized under this Act and the petitioner being the wife,has been ordinarily resident in India fora period of three years immediately preceding the presentation of the petition;
(c)to make any decree of nullity of marriage in respect of a void marriage, exceptwhere; --
(i)either of the parties to the marriage is domiciled in India at the time of thepresentation of the petition; or
(ii)the marriage was solemnized under this Act and the petitioner is residing inIndia at the time of the presentation of thepetition,
(d)to grant any other relief under Chapter V or Chapter VI of the Special MarriageAct, 1954 (43 of 1954) except where the petitioneris residing in India at the lime of the presentation of the petition.
(4)Nothing contained in sub-section (1) shall authorise any court to grant anyrelief under this Act in relation to any marriage in a foreign country notsolemnized 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 (43of 1954) or otherwise is provided for under any other law for the time being inforce.