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Elections HT Insight. Taking refuge under the Special Marriage Act to avoid religious laws is not new. Sign out. As a result, the petitioners moved the high court. Post Comment.
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My Reads. The procedure for registering an existing marriage would be the same as solemnizing a new marriage. Section 15 of the SMA allows for any marriage celebrated not according to the provisions of the Special Marriage Act can be registered under the Act. This can happen when:.
Sign out. All the comments will be moderated by the newindianexpress. The Counsel further contended that respondents 1 and 2 have no jurisdiction to decide the validity of the marriage and that the validity of a marriage can be decided only by a Civil Court.
The high court said that when two parties decide to live together through a mere agreement and not as per any personal law or Special Marriage Act, they cannot claim it to be a marriage or seek divorce.
Try to avoid outside hyperlinks inside the comment. Mumbai News Live Updates: Marking two-fold surge, Husband and wife after marriage kerala, Maharashtra reports Husband and wife after marriage kerala new Covid infections; State records two deaths 2 hours ago. Follow the latest breaking news and developments from India and around the world with Hindustan Times' newsdesk. The Counsel appearing for the Petitioner contended that the father of the first petitioner cannot be treated as 'parties to the marriage' as stated in Rule 13 of the Rules, and therefore respondents 1 and 2 erred in entertaining the complaint.
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The registration of the marriage under SMA would mean that the couple would now be governed under secular law and for inheritance, the Indian Succession Act would apply. Both the parties must have been residing within the district of the Marriage Officer for a period of not less than thirty days and a 30 day notice is given by the Marriage Officer for objections.
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The petitioners' lawyer had argued that when both parties had accepted their relationship as a marriage through declaration, the court cannot decide whether they are legally married or not. Aggrieved by this, Writ Petition was preferred. Already featuring plus videos, new video content is added every day to this free-to-use website.
Hindus, Christians living as second-class citizens in Pak… that may happen here: Ex-Mumbai top cop. Abstain from posting comments that are obscene, defamatory or Husband and wife after marriage kerala, and do not indulge in personal attacks. My Reads. The high court noted that the family court does not have the jurisdiction to entertain such a divorce claim, and asked it to return the petition holding it as not maintainable.