Code: Section 32 – Contents and Verification of Petitions
Every petition under Chapter V or Chapter VI shall state, as distinctly as the nature of the case permits, the facts on which the claim to relief is founded, and, except in a petition under section 28, shall also state that there is no collusion between the petitioner and the other party to the marriage.
The statements contained in every petition shall be verified by the petitioner or some other competent person in the manner required by law for the verification of plaints, and may, at the hearing, be referred to as evidence.
Explanation of Section 32 – Special Marriage Act
Section 32 of the Special Marriage Act outlines the required contents and verification process for petitions filed under Chapter V (e.g., divorce, judicial separation, nullity of marriage) or Chapter VI (miscellaneous proceedings).
This section mandates that petitions must clearly state the factual basis of the claim and confirm the absence of collusion—except in mutual consent divorce cases filed under Section 28.
Key Provisions
- The petition must:
- Clearly lay out the facts supporting the relief claimed (such as grounds for divorce or annulment)
- Declare that there is no collusion between the petitioner and the respondent (except in mutual consent cases under Section 28)
- Be verified in the same manner as a civil plaint under the Code of Civil Procedure
- Serve as evidence during the hearing, if necessary
Illustration
Example 1: Divorce Petition on Grounds of Cruelty
A wife files for divorce alleging cruelty under Section 27. Her petition must include detailed facts such as incidents of mental or physical cruelty and must declare that she and her husband are not acting in collusion.
Example 2: Mutual Consent Divorce
A couple files a joint petition under Section 28 for divorce by mutual consent. Since this is covered under Section 28, they are not required to declare the absence of collusion in the petition.
Common Questions and Answers on Section 32 SMA
Q1. What does “no collusion” mean in a divorce petition?
It means the parties are not secretly cooperating to obtain a divorce on false or fabricated grounds. Courts require this declaration to ensure the integrity of the legal process.
Q2. Is the collusion clause required in mutual consent divorce?
No. Section 32 specifically exempts petitions under Section 28 (mutual consent divorce) from the “no collusion” requirement.
Q3. What does it mean to verify a petition?
Verification involves confirming the truthfulness of the facts stated in the petition, similar to the process used for civil suits. This is typically done by an affidavit signed by the petitioner.
Q4. Can the petition be used as evidence in court?
Yes. The verified petition may be referred to as evidence during the hearing.
Conclusion
Section 32 of the Special Marriage Act ensures that all petitions filed before the court are factually grounded, transparent, and legally verifiable. This helps the judiciary distinguish genuine cases from those involving fraud or collusion and maintains the fairness and credibility of matrimonial proceedings.
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