Divorce Under Special Marriage Act – Trusted Legal Support in Delhi

The Special Marriage Act, 1954 (SMA) lets people of different religions, castes, or nationalities get married civilly. This means no religious rituals are needed. But, when these marriages end, the divorce process can be tricky.

It’s complicated due to interfaith issues, legal rules, or cultural differences. Advocate Rajkumar Solanki, a seasoned divorce lawyer in Delhi, offers specialized legal advice for SMA divorces.

We covered everything about divorce under the Special Marriage Act. It includes who it’s for, the legal reasons, the steps, the needed documents, the challenges, and your rights. If you’re thinking about an SMA divorce, this is where to start.

What Is the Special Marriage Act?

The Special Marriage Act, 1954 is a law that helps people get married in a civil way. It applies to:

Different religions or faiths
Different castes
Indian citizens and foreign nationals
Indian citizens living abroad

This law is special because it lets people of different faiths and castes get married. It doesn’t require them to change their religion. It also handles things like divorce, alimony, and custody in a fair way.

Getting married under SMA means you have to go through a formal process. A Marriage Registrar has to register the marriage. Also, getting a divorce is done through a civil court, not based on religious rules. This Act makes sure everyone can legally end a marriage in a fair way. It doesn’t matter what their faith is.

Who Can File for Divorce Under SMA?

You can file for divorce under the Special Marriage Act if:

You were married under SMA before a Marriage Officer
One or both spouses are Indian citizens or NRIs
The marriage was civil in nature (not based on religious rituals)
You or your spouse currently reside in India

The Act applies to both mutual consent and contested divorce proceedings.

Types of Divorce Under the Special Marriage Act

Mutual Consent Divorce (Section 28)

When both spouses agree that the marriage is beyond repair, they can file a joint petition. Key conditions:

They must have lived separately for at least 1 year
Both parties must agree on custody, alimony, and property division
The court usually grants a decree within 6–18 months, depending on case load.

Contested Divorce (Section 27)

When only one spouse wants a divorce or disputes arise, a contested divorce is filed. This involves legal grounds, court hearings, and evidence. Grounds must be legally valid under SMA (explained below).

Grounds for Divorce Under Special Marriage Act

Under Section 27 of the SMA, a spouse can seek divorce on several legal grounds:

Adultery
Cruelty (mental or physical)
Desertion for 2+ years
Incurable mental illness or unsoundness of mind
Communicable venereal disease
Spouse not heard from for at least 7 years
Spouse renounced the world (ascetic or religious life)
Failure to comply with restitution of conjugal rights (Section 22)

These grounds apply to both men and women. Women also have additional grounds, including if their husband is guilty of rape, sodomy, or bestiality after marriage.

Step-by-Step Divorce Process Under SMA

The divorce process under the Special Marriage Act includes:

Initial Consultation
Discuss your case with a lawyer to understand if you qualify under SMA and which type of divorce to pursue.
Filing the Petition
A mutual or contested divorce petition is filed in the district family court with proper jurisdiction.
Serving Notice to the Respondent
In contested cases, the court issues a notice to the other party to respond.
Mediation (if required)
The court may direct the couple to try mediation before proceeding.
Evidence and Hearings (Contested Cases)
Both sides submit affidavits, documentation, and witness statements supporting their claims.
Final Hearing and Judgment
The judge grants the divorce decree and may also issue orders on alimony, custody, or asset division.
Appeal Window
Either party can file an appeal within 90 days if dissatisfied with the outcome.

Documents Required for Divorce Under SMA

The following documents are typically required:

Original marriage certificate under SMA
ID proofs of both spouses (Aadhaar, passport, etc.)
Proof of separation (rental agreements, affidavits, etc.)
Proof of residence (utility bills, voter ID)
Income proof (salary slips, ITRs)
Details of children (if applicable)
Evidence supporting legal grounds (messages, medical records, FIRs)

Proper documentation reduces delays and improves the strength of your case.

Women’s Legal Rights Under SMA Divorce

The Special Marriage Act offers equal protection to women, ensuring dignity and financial security.

Key rights include:

Right to Maintenance: Monthly or lump sum support based on spouse’s income
Right to Alimony: Permanent alimony after divorce decree
Child Custody Rights: Courts favor child’s welfare; mothers often granted custody unless proven
Residence Rights: Women have the right to remain in the shared home or receive alternate accommodation
Right to Property: Women may claim property that is jointly owned or earned during marriage

Advocate Solanki ensures women’s rights are presented strongly and legally protected.

Common Challenges in SMA Divorce – And How We Resolve Them

Divorce under SMA often brings added complications, like interfaith or international issues. Here’s how we handle them:

Interfaith Objections

Religious or family pressure may create obstacles. We guide clients to stay within legal protection and avoid emotional blackmail.

Jurisdictional Issues for NRIs

SMA applies to NRIs and foreign spouses, but may involve international documentation or embassy clearances — which we help manage.

Delayed Proceedings

Many SMA divorces face delay due to missing documents or non-cooperation. We expedite by pre-preparing strong affidavits and follow-ups.

False Allegations

We assist clients in countering false claims (violence, dowry, desertion) through documented evidence and witness support.

Custody or Property Battles

We push for fair and legally defensible settlements without escalating court battles.

FAQs – Contested Divorce in India

Who can file divorce under the Special Marriage Act?

Anyone married under SMA in India or abroad, including interfaith or civil marriages.

How long does it take to get divorced under SMA?

Mutual divorce may take 6–18 months; contested cases may last 2–5 years.

Is conversion to another religion a ground for divorce?

No. Unlike HMA, SMA is secular. Conversion is not a valid ground unless it results in cruelty or desertion.

Can NRIs file divorce under SMA?

Yes. NRIs can file in Indian courts if jurisdictional criteria are met (residency or place of marriage).

Is there alimony under SMA?

Yes. Maintenance and permanent alimony can be granted to either spouse depending on case merits.

Is SMA divorce different from Hindu or Muslim divorce?

Yes. SMA divorce is entirely civil and does not depend on personal or religious laws.