Sep 23, 2017
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Custody Of Child Under Special Marriage Act Overview

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Civil marriages, also commonly called ‘court marriages’ do not depend on the religion of the couple. Civil marriages instead depend on the marriage happens under the Special Marriage Act.

Marriage under this law:

one should figure out if he/she and his/her spouse considered legally eligible for marriage.

For example, one should attend a certain age to get married and one cannot have another living spouse from whom he/she have not yet divorced.

Subject to the provisions of this Act and to the rules made there under:

A petition for divorce may presented to the district court by both the parties together on the ground that they live separately for a period of one year or more, that they refrain from living together and that they have mutually agreed that the marriage should dissolved.

During divorce annulment or marriage annulment proceedings of the people married under Special Marriage Act, the issue of child custody often becomes a matter for the court to determine. This articles highlights rules related to the custody of child under Special Marriage Act.

Custody of child under Special Marriage Act

In any proceeding the district court may, from time to time, pass such interim orders. District court can make such provisions in the decree as it may seem it to be just and proper. District court make provisions with respect to the maintenance, education and custody of child under Special Marriage Act. After the decree, upon application by petition for the purpose, make, revoke, suspend or vary, from time to time. All such orders and provisions with respect to the maintenance, education and custody of child under Special Marriage Act as might have thus made by such decree or interim orders in case the proceeding for obtaining such decree were still pending.


Find lawyers in mumbai related to child custody.

Article Categories:
Child Custody · Family Law

Avani is a LL.B. student of New Law College. Classical use of language and adeptness with the written word make her treasure useful legal information. In her spare time, she writes prose and pursue an active interest in creative writing.

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