Divorce--Mutual Consent--Waiver of One-Year Period Under Section 29 Special Marriage Act on Exceptional Hardship
The statutory waiting period of one year under Section 29 of the Special Marriage Act, 1954 can be waived in cases of exceptional hardship, where the parties are also ad idem for dissolution of marriage. Section 29 vests discretionary power in courts to allow presentation of a divorce petition before one year in rare and compelling circumstances. Section 29 is pari materia with Section 14 of the Hindu Marriage Act, 1955. Where insisting on the statutory period would only prolong hardship and serve no purpose, the period can be waived in exercise of judicial discretion.
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