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Showing posts with the label Special Marriage Act 1954

How to Prove Customary Divorce - What is the Time Limit for Declaration of Marriage as Null and Void [SC JUDGMENT]

Special Marriage Act, 1954 - Sections 24 and 25 - Once the marriage is void the same is a nullity and at any time the same can be declared as nullity being a void marriage.

Family Court can waive period of six months stipulated under Section 10A(2) of Divorce Act, 1869 [JUDGMENT]

Special Marriage Act, 1954 - S. 28 -  Hindu Marriage Act, 1955 - S. 13B  -  Divorce Act, 1869 - S. 10A - The beneficiaries under the provisions of different statutes are persons who want divorce by mutual consent and who file joint petition for that relief -  There can be no discrimination among them on the ground of religion - Divorce by mutual consent is a secular concept.

10 Important Case Laws on Special Marriage Act, 1954

1. Deepti Rajan v. Rajasekhar, 2016 (1) KLT 470 If a valid marriage is established between the spouses on a particular date, a second marriage between the same parties will become insignificant for the purpose of establishment of a legal relationship under the marital tie. In certain cases, even if a second marriage between the same parties is solemnized, the date of such solemnization will be of no consequence or significance, because of the existing marital relationship established legally, on an earlier point of time. In such situation, the subsequent marriage becomes void at the option of any one of the parties to the marriage. In other words, any one of the spouses may be entitled to take a contention that the other party cannot seek for a dissolution based on the marriage solemnized subsequently, because the marital relationship has already come into existence on a prior date, based on the marriage contracted earlier.

How to File Petition for Divorce under Section 27 of the Special Marriage Act, 1954 [JUDGMENT]

Special Marriage Act, 1954 - Section 27 - a petition for divorce under Section 27 of the Special Marriage Act, 1954 can be filed only when the marriage is solemnised or deemed to be solemnised under the provisions of that Act.