Mumbai: The Bombay High Court has ruled that a marriage certified under the Special Marriage Act, 1954, cannot be declared illegal or void merely because one of the spouses failed to comply with Section 5 of the Act, which mandates a 30-day residency in the district where the marriage is registered.
A division bench of Justices Girish Kulkarni and Advait Sethna observed that once a marriage certificate is issued under the Special Marriage Act, it serves as conclusive evidence of the legality of the marriage unless set aside by a competent court.
“In our clear opinion, any irregularity in one of the parties to the marriage not residing for a continuous period of 30 days cannot in any manner result in the solemnity of the marriage between the parties as reflected in the marriage certificate and the marriage as registered by the Registrar of Marriages under the Special Marriage Act being extinguished,” the bench stated. “On such irregularity, the marriage cannot be rendered or labelled to be a void marriage.”
The court pointed out that the conditions under which a marriage can be declared void are explicitly outlined in Section 24 of the Act.
“Once a marriage certificate was issued to the parties under the Special Marriage Act, it is conclusive evidence of the legality and solemnity of the marriage until it is set aside for any valid reason by an appropriate authority or by the court of law. The law would not permit any person or authority to discard or not to give effect to such a marriage certificate,” the judges ruled.
The HC made these observations while disposing of a petition filed by a woman, who challenged the rejection of her visa application by the German Embassy. The embassy, in its January 8, 2025, communication, refused to recognise her marriage with her husband, which was solemnised on November 23, 2023. The rejection was based on the claim that the couple had failed to comply with the 30-day residency requirement under Section 5 of the Special Marriage Act.
The bench referred to Section 13 of the Act, which deals with the “Certificate of Marriage.” It mandates that once a marriage is solemnised, the Marriage Officer must enter a certificate in the prescribed format in a register called the Marriage Certificate Book. The certificate must be signed by the parties and three witnesses.
Section 13(2) states that once entered into the Marriage Certificate Book, the certificate is “deemed to be conclusive evidence” of the solemnisation of the marriage and the fulfillment of formalities related to witness signatures.
“When such is the provision and the sanctity, the law would accord to a marriage certificate issued by the Registrar, which continues to be legal and valid, the petitioner cannot have any grievance. The marriage certificate dated November 23, 2023, issued to the petitioner and her spouse is legal and valid and fully recognised by Indian law. There cannot be any other opinion,” the bench emphasised.
