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[Cites 0, Cited by 2] [Section 34] [Entire Act]

Union of India - Subsection

Section 34(1) in The Special Marriage Act, 1954

(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,] [Substituted by Act 68 of 1976, Section 34, for certain words (w.e.f. 27.5.1976).] 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.