Skip to content
  • Facebook
  • Twitter
  • Instagram
  • Email
NEWSX 360 : The Global News Platform

NEWSX 360 : The Global News Platform

News from across the Globe

  • Home
  • About Us
  • Terms & Conditions
  • Contact Us
  • Editor’s Note
  • Privacy Policy
  • Toggle search form
  • BotPe Launches Official WhatsApp Automation Service, Revolutionizing Business Communication News
  • Unique AI-driven platform for children kick-started with an investment of one crore from Vardhan Group News
  • Amrith Noni D plus successfully completes human trial; proves to be a much-needed “Elixir” News
  • Universal Sompo & SOMPO CARE Align with Skill India Mission for cross-border health and wellbeing News
  • PVL 2025, Season 4, Match 32: Mumbai Meteors Storm Into Semi-Finals with Commanding Win Over Chennai Blitz India
  • Vietnam an ideal medical education hub for Indian students News
  • Pune: Nashik Man Dies By Suicide, Wife & Six Others Booked For Abetment India
  • “Is it for real?” Trains now serve Homemade Jain food and Regional Delicacies, Thanks to this App! News

Marriage Certified Under Special Marriage Act Can’t Be Declared Void Due To 30-Day Residency Non-Compliance: Bombay HC

Posted on March 2, 2025 By No Comments on Marriage Certified Under Special Marriage Act Can’t Be Declared Void Due To 30-Day Residency Non-Compliance: Bombay HC

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.

Related

India, News

Post navigation

Previous Post: Mumbai Accident: Unidentified Pedestrian Killed In Sakinaka After Being Hit By Speeding Tempo; Driver Detained
Next Post: Empowering IT Teams Through Automation: A Path To Streamlined Data Centre Governance

Related Posts

  • MobiFin’s Priyanka Brahmbhatt honoured with FinTech Leader of the Year Award News
  • Agilus Diwine Diagnostics Launches Mega Full Body Health Check-Up Offer at INR 2,299 in Mumbai India
  • Pleo BKC Reveals Chef Nitin Suvarna’s Summer Soiree Menu Bursting with Mango Magic News
  • Seeds of Change: How MOMOS ON WHEELS Nourishes Darjeeling’s Economy and Community News
  • The Biggest Celebration of India’s Entrepreneurial Spirit – ASCENT Conclave 2024 News
  • Diana Penty Arrives At Milan Fashion Week Looking No Less Than A Chic Business Lady In A Pant Suit India

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

  • Art of Living
  • Arts
  • Auto & Transportation
  • Automobile
  • Aviation
  • Banking
  • BCA ELECTIONS 2026
  • Bollywood
  • Brands
  • Business
  • Business Technology
  • Commodities
  • Economy
  • Education
  • Energy
  • Entertain­ment & Media
  • Entertainment
  • Entrepreneurs
  • Environment
  • Financial Services & Investing
  • Fitness
  • Gadgets
  • Health
  • Housing & Infrastructure
  • India
  • Information Technology
  • International
  • International Education
  • Investment
  • Lifestyle
  • Narendra Modi
  • News
  • People & Culture
  • Pharma
  • Policy & Public Interest
  • Politics
  • Sports
  • Stock Market
  • Tamilnadu
  • Technology
  • Telecom
  • The Multitaskers: A Series On Entrepreneurship with difference.
  • Travel
  • Uncategorized
  • UNICEF
  • Wellness
  • World News

Recent Posts

  • Cockroach Party to CEC: Quit in 48 Hours — or We Take the Fight Nationwide Over 13 Crore Deleted Voters
  • A Temple of Health and a ₹1-Lakh-Crore Bet: Bengal CM, Gautam Adani Break Ground on 2,000-Bed Arogya Mandir
  • Baroda’s Moliya Captains Rest of India U-23 for CK Nayudu Trophy Clash in Chennai
  • Modi’s Poll Chief Faces Mutiny From His Own Bench.
  • Pranav Amin Represents BCA at 95th BCCI AGM; Baroda Set to Host Major International Fixtures

Recent Comments

No comments to show.

Archives

  • September 2026
  • June 2026
  • May 2026
  • April 2026
  • March 2026
  • February 2026
  • January 2026
  • December 2025
  • November 2025
  • October 2025
  • September 2025
  • August 2025
  • July 2025
  • June 2025
  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022
  • April 2022
  • October 2021
  • September 2021

  • CBSE 10th and 12th Result 2024-25 BEERSHEBA SR. SEC SCHOOL Haldwani Brands
  • Om Packers and Movers Achieves Historic Milestone with Official Recognition from Indian Banks’ Association (IBA) Brands
  • Hassle-free Home Illumination with Hafele’s Loox Furniture Lighting Brands
  • 300 Entrepreneurs Attend “Vandan Utsav” to Honor Parents, Organized by Progress Alliance in Surat Brands
  • Ekatva Group, Thane’s premier real estate developer, shares their vision for the next phase of their growth story with their motto, The Power of Oneness Brands
  • Sayantani Putatunda: Bengal’s Untamed Storyteller the Film World Forgot to Discover Brands
  • On the Eve of Independence Day, Rajasthan Government Honored Dr. V.K. Jain with State Award for Outstanding Social Contribution Brands
  • Sunita Dholakia: Making Waves at Milan Fashion Week 2025 Brands

Powered by PressBook News WordPress theme