Notice Under Special Marriage Act Serves Purpose Of Verifying Credibility of Persons: Centre Informs Delhi High Court
4 years, 1 month ago

Notice Under Special Marriage Act Serves Purpose Of Verifying Credibility of Persons: Centre Informs Delhi High Court

Live Law  

In response to a petition seeking the declaration of Sections 6 and 7 of the Special Marriage Act, 1954 as null, void and ultravires to the Constitution of India, the Central Government has informed the Delhi High Court that, "the intention behind the Act is to keep adequate safeguards to the interest of various parties involved," and that if a 30-day notice as required under Section 7 is not given, it may not be possible to verify the credibility of the persons seeking to solemnize a marriage. The petition, filed by one Nida Rehman, sought directions for setting aside of this impugned procedure of issuances of public notice for 30 days inviting objections to the marriage, and for issuance of directions to register her marriage with immediate effect under the Special Marriage Act, 1954. Notice of intended marriage - When a marriage is intended to be solemnized under this Act, the parties to the marriage shall give notice thereof in writing in the form specified in the Second Schedule to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than 30 days immediately preceding the date on which such notice is given. Section 6: Marriage Notice Book and publication - The Marriage Officer shall cause every such notice to be published by affixing a copy thereof to some conspicuous place in his office.

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History of this topic

'Appalling': Delhi High Court Criticizes Non-Compliance Of Supreme Court Order On Compulsory Registration Of Marriages
2 weeks, 4 days ago

'Appalling': Delhi High Court Criticizes Non-Compliance Of Supreme Court Order On Compulsory Registration Of Marriages

Live Law  

The Delhi High Court on Wednesday expressed its displeasure at the Union and Delhi Governments over non-compliance of a Supreme Court order directing that all marriages be compulsorily registered, irrespective of faith. Notably, the Delhi government had issued Delhi Order, 2014, for compulsory registration of marriages. In November last year, a single judge had directed Delhi Government's Chief Secretary to …

Comply with Supreme Court order on marriage registration: Delhi HC to govt
2 weeks, 4 days ago

Comply with Supreme Court order on marriage registration: Delhi HC to govt

The Hindu  

The Delhi High Court on Wednesday ordered the Centre and Delhi government to comply with the Supreme Court’s directions over compulsory registration of marriages in three months. The court also issued notice to both governments on a petition seeking direction to the Ministry of Home Affairs to prepare rules for a centralised database of marriage registration. Pursuant to the top …

Minor irregularities can’t render special marriage void: HC
3 weeks, 1 day ago

Minor irregularities can’t render special marriage void: HC

Hindustan Times  

MUMBAI: In an important ruling, the Bombay high court on Friday held that a special marriage cannot be termed void owing to minor irregularities such as one of the parties not residing within the jurisdiction of the concerned Registrar of Marriages for a continuous period of 30 days preceding notice of marriage. Minor irregularities can’t render special marriage void: HC …

Marriage Under Special Marriage Act Not Illegal Only Because Either Spouse Did Not Live In The District Where Marriage Was Registered For 30 Days: Bombay HC
Trending News
3 weeks, 2 days ago

Marriage Under Special Marriage Act Not Illegal Only Because Either Spouse Did Not Live In The District Where Marriage Was Registered For 30 Days: Bombay HC

Live Law  

A marriage duly certified under the Special Marriage Act, 1954 cannot be deemed illegal or void just because either of the spouses did not comply with section 5 of the Act, which mandates one of them to live in the district, where they register their marriage, for 30 days, the Bombay High Court held on Friday. A division bench of …

Inter-faith marriages should be registered under Special Marriage Act: Madurai Bench of Madras High Court
1 month, 1 week ago

Inter-faith marriages should be registered under Special Marriage Act: Madurai Bench of Madras High Court

The Hindu  

A person of Hindu faith who wishes to marry a person of another faith, be it Christianity, Islam or any other faith, then such a marriage should be registered under the Special Marriage Act, in order to avoid being declared illegal and void, the Madurai Bench of the Madras High Court observed. A Division Bench of Justices R. M. T. …

Marriage Between Indian & Foreigner Solemnised Outside India Cannot Be Registered Under Special Marriage Act : Kerala High Court
1 month, 3 weeks ago

Marriage Between Indian & Foreigner Solemnised Outside India Cannot Be Registered Under Special Marriage Act : Kerala High Court

Live Law  

The Kerala High Court stated that marriages conducted outside India, where only one of the party is an Indian citizen, can be registered under the Foreign Marriage Act. “On a comparison of the provisions of the Special Marriage Act and the Foreign Marriage Act, it is apparent that a marriage between parties, of whom at least one is a citizen …

High Court Directs Delhi Govt's Chief Secy To Enable Online Registration Of Muslim Marriages In Time Bound Manner
4 months, 2 weeks ago

High Court Directs Delhi Govt's Chief Secy To Enable Online Registration Of Muslim Marriages In Time Bound Manner

Live Law  

The Delhi High Court has directed Delhi Government's Chief Secretary to ensure that marriages solemnized under the Muslim personal law are registered online as mandated by the Delhi Order, 2014.Justice Sanjeev Narula directed the Chief Secretary to personally look into the issue and ensure compliance of a judgment passed on July 04 directing the. The Delhi High Court has directed …

Strict Proof Of Marriage Can't Be Condition Precedent For Claiming Maintenance: Punjab & Haryana High Court
11 months ago

Strict Proof Of Marriage Can't Be Condition Precedent For Claiming Maintenance: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has made it clear that a prolonged cohabitation as husband and wife would entitle partners to maintenance even if even if performance of essential ceremonies is not proved.The Court rejected the plea challenging the maintenance order on the ground that essential marriage ceremonies were not performed, wherein the parties were "cohabitating as husband and. …

Hindu Marriage is Invalid Without Rituals: Allahabad HC
1 year, 5 months ago

Hindu Marriage is Invalid Without Rituals: Allahabad HC

News 18  

Observing that a Hindu marriage is not valid without ‘Saptapadi’ ceremony and other rituals, the Allahabad High Court has quashed the proceedings of a case where a man alleged that his estranged wife had solemnised second marriage without divorcing him. The ‘Saptapadi’ ceremony under the Hindu Law is one of the essential ingredients to constitute a valid marriage but the …

A milestone in Hindu marriage reform in India
1 year, 5 months ago

A milestone in Hindu marriage reform in India

The Hindu  

Nearly 56 years after the enactment of the Hindu Marriage Act 1967, young Illavarasan, from Tamil Nadu, never thought that his Suyamariyathai marriage that was performed and validated under this Act could be invalidated and criminalised by the same Madras High Court which, in 1953, in Chidambaram Chettiar vs Deivanai Achi, had declared such marriages to be null and void …

Lawyers Can Solemnise ‘Self Respect Marriage’ Under Amended Hindu Marriage Law in Tamil Nadu: SC
1 year, 6 months ago

Lawyers Can Solemnise ‘Self Respect Marriage’ Under Amended Hindu Marriage Law in Tamil Nadu: SC

News 18  

In a significant order, the Supreme Court on Monday said the lawyers can solemnise ‘Suyamariyathai’ marriages between two consenting adults under the amended Hindu Marriage Act in Tamil Nadu. The Tamil Nadu government, in 1968, had amended one of the provisions of the Act to legalise Suyamariyathai marriages, to radically simplify weddings by shunning mandatory brahmin priests, holy fire and …

Same-sex marriage: SC hints it may refer challenge to notice provision under Spl Marriage Act to 2-judge bench
1 year, 10 months ago

Same-sex marriage: SC hints it may refer challenge to notice provision under Spl Marriage Act to 2-judge bench

India TV News  

The Supreme Court, which is hearing arguments on a batch of pleas seeking legal sanction for same-sex marriages, on Thursday indicated it might refer for adjudication by a two-judge bench the challenge to the 30-day prior notice provision in the Special Marriage Act, 1954. A five-judge constitution bench headed by Chief Justice D Y Chandrachud said on Thursday the 30-day …

'Based On Patriarchy, Exposes Couples To Invasion' : Supreme Court Questions Special Marriage Act Provisions On Notice Inviting Objections
1 year, 11 months ago

'Based On Patriarchy, Exposes Couples To Invasion' : Supreme Court Questions Special Marriage Act Provisions On Notice Inviting Objections

Live Law  

In the marriage equality case before the Supreme Court, some petitioners have challenged the provisions of the Special Marriage Act 1954 which require parties intending marriage to give advance notice of 30 days, which will be published in the Registrar's office inviting public objections. Senior Advocate Dr Abhishek Manu Singhvi, appearing in the writ petition filed by Utkarsh Saxena and …

[Special Marriage Act] Youngsters Largely Employed Abroad, 30 Days Mandatory Residence & Subsequent Waiting Period May Need Relook: Kerala HC
2 years, 1 month ago

[Special Marriage Act] Youngsters Largely Employed Abroad, 30 Days Mandatory Residence & Subsequent Waiting Period May Need Relook: Kerala HC

Live Law  

A Petition has been recently moved before the Kerala High Court challenging the provision of the Special Marriage Act, to the extent that it mandates a waiting period of 30 days after submission of the notice of intended marriage. The Writ Petition was filed seeking a declaration that the mandatory waiting period is unconstitutional or a declaration that the 30 …

HC transfers pleas seeking recognition of same-sex marriages to Supreme Court
2 years, 1 month ago

HC transfers pleas seeking recognition of same-sex marriages to Supreme Court

The Hindu  

The Delhi High Court on Monday sent a batch of petitions seeking recognition of same-sex marriages under various laws to the Supreme Court. On January 6, the top court transferred to itself petitions pending in various High Courts seeking legal recognition of same-sex marriages. The High Court was seized of eight separate petitions by same-sex couples seeking a declaration recognising …

Now, foreigners can register marriages in Delhi under Special Act
2 years, 2 months ago

Now, foreigners can register marriages in Delhi under Special Act

Hindustan Times  

Foreigners can register their marriage under the Special Marriage Act, 1953, and there is no requirement for at least one of the parties to be an Indian citizen, the Delhi high court has said, directing the state government to amend their guidelines in this regard. Justice Singh said the statute having made a clear distinction between “any two persons” in …

Foreigners Can Register Marriages Under Special Marriage Act, Delhi Govt Must Take Steps To Amend Guidelines: High Court
2 years, 2 months ago

Foreigners Can Register Marriages Under Special Marriage Act, Delhi Govt Must Take Steps To Amend Guidelines: High Court

Live Law  

The Delhi High Court has observed that there is no requirement of “at least one party being a citizen of India” for solemnization and registration of marriage of a couple under the provisions of Special Marriage Act, 1954.Justice Prathiba M Singh noted that section 4 of the enactment leaves no doubt that any two persons can seek solemnization of their …

High Court Allows Foreign Nationals Working in Delhi to Solemnise and Register Marriage in the Capital
2 years, 2 months ago

High Court Allows Foreign Nationals Working in Delhi to Solemnise and Register Marriage in the Capital

News 18  

The Delhi High Court on Friday allowed two foreign nationals from Canada and the United States working in Delhi to solemnise and register their marriage in the national capital. It has been submitted that to solemnise their marriage under the Special Marriage Act, 1954, the couple was advised to apply for the same through the Delhi government’s official website, www.edistrict.delhigovt.nic.in. …

Same Sex Marriage Recognition : Supreme Court Issues Notice On Petitions Seeking Transfer Of Cases From Delhi HC
2 years, 3 months ago

Same Sex Marriage Recognition : Supreme Court Issues Notice On Petitions Seeking Transfer Of Cases From Delhi HC

Live Law  

The Supreme Court on Wednesday issued notice on two petitions seeking to transfer to the Supreme Court the petitions pending in the Delhi High Court in pleas seeking recognition of same-sex marriage in India. The petition was listed before a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha.At the outset, Senior Advocate Menaka Guruswamy and Advocate Arundhati. At …

Delhi HC to hear pleas seeking recognition of same-sex marriages on April 24
2 years, 3 months ago

Delhi HC to hear pleas seeking recognition of same-sex marriages on April 24

The Hindu  

The Delhi High Court on Tuesday deferred the hearing on a batch of petitions to recognise same-sex marriage under various laws for April 24 next year. The High Court is seized of several petitions by same-sex couples seeking a declaration recognising their marriages under the Special Marriage Act, the Hindu Marriage Act, and the Foreign Marriage Act. Earlier, the Centre …

[Kerala Marriage Registration Rules] Only Husband Or Wife Can Seek Correction Of Entries In Register Of Marriages, Not Any Third Party: High Court
2 years, 3 months ago

[Kerala Marriage Registration Rules] Only Husband Or Wife Can Seek Correction Of Entries In Register Of Marriages, Not Any Third Party: High Court

Live Law  

The Kerala High Court recently held that authorities can entertain an application under Rule 13 of Kerala Registration of Marriages Rules 2008 for correction or cancellation of entries in the Register of Marriages only at the instance of the parties to the marriage. Justice P. V. Kunhikrishnan observed that a third person who is not a party to the marriage …

'State Can't Prohibit Interfaith Couple To Marry': Delhi High Court On Foreign Nationals' Plea For Registration Of Marriage Under SMA
2 years, 4 months ago

'State Can't Prohibit Interfaith Couple To Marry': Delhi High Court On Foreign Nationals' Plea For Registration Of Marriage Under SMA

Live Law  

Dealing with a plea raising the issue of right of foreign nationals to solemnise and register their marriage under Special Marriage Act, 1954, the Delhi High Court on Wednesday observed that "there is no way" that the State can prohibit an interfaith couple to marry.Justice Yashwant Varma was hearing a plea filed by two interfaith foreign nationals residing in the …

Explained | Challenging the Special Marriage Act, 1954
2 years, 6 months ago

Explained | Challenging the Special Marriage Act, 1954

The Hindu  

The story so far: The Supreme Court on Monday dismissed a writ petition challenging provisions of the Special Marriage Act, 1954 requiring couples to give a notice declaring their intent to marry 30 days before their marriage. The Supreme Court on Monday dismissed a writ petition challenging the Constitutional validity of certain provisions of the SMA under which couples seek …

Woman Marries Against Wishes Of Parents: High Court Directs Delhi Police To Provide Safe Travel Passage For Uniting Her With Husband
3 years, 2 months ago

Woman Marries Against Wishes Of Parents: High Court Directs Delhi Police To Provide Safe Travel Passage For Uniting Her With Husband

Live Law  

The Delhi High Court has directed the Delhi Police to provide a safe travel passage to a woman who had married a man against the wishes of her family. Uniting the woman with her husband, Justice Siddharth Mridul and Justice Anup J. Bhambhani took note of the fact that both were major individuals and that the woman had married with …

Kerala High Court Allows Virtual Solemnisation Of Marriage Amid Omicron Scare
3 years, 3 months ago

Kerala High Court Allows Virtual Solemnisation Of Marriage Amid Omicron Scare

Live Law  

Considering the travel restrictions in place in the wake of the Omicron outbreak, the Kerala High Court on Wednesday allowed a couple to solemnise their marriage through online mode and directed the Marriage Officer to register the same. Noting that this Court has authorised the same throughout the pandemic in similar cases, Justice N. Nagaresh observed: "In identical circumstances, when …

Make Registration Of Same-Sex Marriage Either Religion-Neutral Or Under Secular Law Only: Plea In Delhi High Court
3 years, 3 months ago

Make Registration Of Same-Sex Marriage Either Religion-Neutral Or Under Secular Law Only: Plea In Delhi High Court

Live Law  

An NGO namely Sewa Nyaya Utthan Foundation has moved the Delhi High Court seeking to intervene in the plea filed for registration of marriages of LGBTQIA couples under the Hindu Marriage Act, 1956.At he outset, the application filed through Advocate Shashank Shekhar Jha states that approval with regards to same sex marriage under Hindu Marriage Act and not in other …

Same-sex marriage: social attitudes rooted in conservatism
3 years, 3 months ago

Same-sex marriage: social attitudes rooted in conservatism

The Hindu  

IT is three years since homosexuality was decriminalised in India, but public morality around same-sex relationships continues to be a thorny issue. During the hearing of the plea, Joydeep and Russell’s Advocate, Karuna Nundy, reasoned that since Section 7A of the Citizenship Act, 1955, does not distinguish between heterosexual, same-sex or queer spouses, a person married to an overseas citizen …

Marriage Permissible Only Between Biological Man & Woman: Centre Tells Delhi High Court
3 years, 4 months ago

Marriage Permissible Only Between Biological Man & Woman: Centre Tells Delhi High Court

Live Law  

The Delhi High Court has listed a batch of pleas seeking recognition and registration of same-sex marriages under the law for final hearing on November 30. " When the matter was taken up, Advocate Karuna Nundy appearing for Sengupta and Stephens pointed out that the couple got married in New York and the laws applicable in their case are the …

Kerala High Court Directs Centre, State To Find Technological Solutions Within Legal Framework To Support Online Registration Of Marriages Under SMA
3 years, 6 months ago

Kerala High Court Directs Centre, State To Find Technological Solutions Within Legal Framework To Support Online Registration Of Marriages Under SMA

Live Law  

The Kerala High Court is now awaiting the views of the Central and the State Governments respectively to find a technological solution within the legal framework to support online solemnisation or registration of the marriage. Meanwhile, the Division Bench of Justice A. Muhamed Mustaque and Justice Kauser Edappagath has issued an interim order containing directions The question posed before them …

Update Your Software To Meet Requirement Of Marriage Registration Via VC: Delhi High Court Grants Last Opportunity To GNCTD
3 years, 6 months ago

Update Your Software To Meet Requirement Of Marriage Registration Via VC: Delhi High Court Grants Last Opportunity To GNCTD

Live Law  

The Delhi Government today informed the Delhi High Court that it is not in a position to allow registration of marriage via video conferencing as the software used by them for the said purpose does not permit the same.Advocate Shobhana Takiar, appearing for the Respondent-authority stated on instructions that just like for Aadhar application one has to remain physically present …

Why Virtual Appearance For Marriage Registration Not Allowed Despite Supreme Court Orders?: Delhi High Court Asks Govt
3 years, 7 months ago

Why Virtual Appearance For Marriage Registration Not Allowed Despite Supreme Court Orders?: Delhi High Court Asks Govt

Live Law  

The Delhi High Court yesterday asked the Delhi Government why it is not permitting registration of marriages through video conferencing despite a clear direction issued by the Supreme Court in this regard.Referring to the decision in State of Haryana v. Ami Ranjan and Others, Justice Rekha Palli said,"I have read the judgement by the Supreme Court. The Delhi High Court …

Delhi Magistrate Sending Notice to Residence of Persons Marrying Under SMA Contempt of Court: HC
3 years, 7 months ago

Delhi Magistrate Sending Notice to Residence of Persons Marrying Under SMA Contempt of Court: HC

News 18  

The Delhi High Court has said that a Sub-Divisional Magistrate here prima facie committed contempt of court by sending a notice to the residence of a person desirous of marrying his partner under the Special Marriage Act, in violation of its order prohibiting any such dispatch. Justice Najmi Waziri, hearing a plea by the inter-faith couple, issued notice to the …

Delhi High Court Issues Notice On NRI Couple's Plea Seeking Registration Of Marriage Via VC
3 years, 8 months ago

Delhi High Court Issues Notice On NRI Couple's Plea Seeking Registration Of Marriage Via VC

Live Law  

The Delhi High Court on Friday issued notice on a plea seeking exemption from physical appearance for Marriage Registration of NRI couple. Justice Rekha Palli has issued notice to the Standing Counsel for Delhi Government and has fixed the case for August 20. The petitioners, represented by Advocate Praveen Gaur, sought permission to virtually appear before the concerned Sub- Divisional …

Delhi High Court Issues Notice On Plea Seeking Recognition To Same-Sex Marriages In Citizenship Act, Special Marriage Act & Foreign Marriage Act
3 years, 8 months ago

Delhi High Court Issues Notice On Plea Seeking Recognition To Same-Sex Marriages In Citizenship Act, Special Marriage Act & Foreign Marriage Act

Live Law  

A division bench of Chief Justice DN Patel and Justice Jyoti Singh today issued notice on a plea seeking recognition to same-sex marriages under the Citizenship Act, 1955, Foreign Marriage Act, 1969, and the Special Marriage Act, 1954. Filed by one Joydeep Sengupta, who is a Canadian citizen and an Overseas Citizen of India cardholder, and his partner Russell Blaine …

Kerala High Court Permits Couple Residing Abroad To Register Marriage Through Video Conferencing
3 years, 9 months ago

Kerala High Court Permits Couple Residing Abroad To Register Marriage Through Video Conferencing

Live Law  

Kerala High Court has permitted a couple residing in Australia to register their marriage under the Kerala Registration of Marriages Rules, 2008 through video conferencing owing to the travel restrictions in the country amidst the pandemic. Petitioners Thomas Kutty Joseph and Blosum Thomas, moved the High Court through their Power Of Attorney upon being informed by the Local Registrar of …

'Nobody Is Dying Because They Don't Have Marriage Certificates' :Centre Opposes Urgent Hearing Of Plea For Same-Sex Marriage Recognition
3 years, 10 months ago

'Nobody Is Dying Because They Don't Have Marriage Certificates' :Centre Opposes Urgent Hearing Of Plea For Same-Sex Marriage Recognition

Live Law  

Arguing against the urgent hearing of a batch of pleas seeking recognition to same-sex marriages in India under various personal laws, the Union of India today told the Delhi High Court, "You don't need marriage certificate for hospitals, nobody is dying because they don't have marriage certificate. "The centre also submitted a letter seeking adjournment, pointing out that the court …

P&H High Court [DB] Allows Registration Of Marriage Through VC Mode, Sets Aside Single Bench 'Judgment'
4 years ago

P&H High Court [DB] Allows Registration Of Marriage Through VC Mode, Sets Aside Single Bench 'Judgment'

Live Law  

Overruling a Single-Bench Judgment, the Punjab & Haryana High Court last week allowed the registration of marriage of a couple through video-conferencing facility. The Single Judge Bench had held that there is no provision for registration of the marriage under the Special Marriage Act, 1954 without parties appearing in person before the marriage officer. Single Bench Judgment Dismissing the petition, …

What is Special Marriage Act, all you need to know
4 years ago

What is Special Marriage Act, all you need to know

India Today  

All marriages in India can be registered under the respective personal law Hindu Marriage Act, 1955, Muslim Marriage Act, 1954, or under the Special Marriage Act, 1954. What is the Special Marriage Act: A marriage under the Special Marriage Act, 1954 allows people from two different religious backgrounds to come together in the bond of marriage. The Special Marriage Act, …

Delhi HC Issues Notice On A Petition Seeking Recognition Of Same-Sex Marriages Under Special Marriage Act
4 years ago

Delhi HC Issues Notice On A Petition Seeking Recognition Of Same-Sex Marriages Under Special Marriage Act

Live Law  

The Division Bench comprising of Justice Rajiv Sahai Endlaw and Justice Amit Bansal was pleased to issue Notice today in the matter titled as "Udit Sood and Ors. The Petitioners has filed a Writ Petition praying for inter alia declaration that Section 4 and any other provisions of the Special Marriage Act, 1954, or the rules or regulations framed thereunder, …

Exception Of Customary Divorce U/S 29(2) Hindu Marriage Act Not Attracted In Absence Of Declaration From Civil Court Regarding Its Validity: Calcutta High Court
4 years ago

Exception Of Customary Divorce U/S 29(2) Hindu Marriage Act Not Attracted In Absence Of Declaration From Civil Court Regarding Its Validity: Calcutta High Court

Live Law  

The Calcutta High Court has held that merely obtaining a customary divorce will not attract the exception envisaged under Section 29 of the Hindu Marriage Act. The Apex Court had categorically observed, "the requirement to claim benefit of prevalence of customary right to divorce in a community must be specifically pleaded and established by the person propounding such custom…" Background …

"Will File The Reply Today": Centre Tells Delhi High Court On Pleas Seeking Recognition For Same Sex Marriages Under Various Marriage Laws
4 years ago

"Will File The Reply Today": Centre Tells Delhi High Court On Pleas Seeking Recognition For Same Sex Marriages Under Various Marriage Laws

Live Law  

Solicitor General Tushar Mehta on Thursday informed that the Centre would be filing their reply affidavit today of petitions seeking recognition of same-sex marriages under the Hindu Marriage Act, Special Marriage Act and the Foreign Marriage Act. "As per law, a marriage is only between a husband and a wife", Mehta had argued in the hearing of the plea for …

Not Possible To Relax Mandatory 30 Days Notice Period Or To Permit 'Digital' Marriage Unless Special Marriage Act Is Amended: Kerala High Court
4 years, 1 month ago

Not Possible To Relax Mandatory 30 Days Notice Period Or To Permit 'Digital' Marriage Unless Special Marriage Act Is Amended: Kerala High Court

Live Law  

Unless the provisions contained in the Special Marriage Act are amended, it would not be possible either to relax the mandatory period of notice or to permit marriage in digital form, the Kerala High Court observed.Justice PV Asha observed thus while dismissing a woman's plea to permit solemnisation and registration of her marriage on digital platform. Unless the provisions contained …

Inter-Faith Marriage- Gujarat HC Directs Police To Escort Woman To Ahmedabad To Register Marriage, Questions Police For Calling Her To Police Station After Sunset
4 years, 1 month ago

Inter-Faith Marriage- Gujarat HC Directs Police To Escort Woman To Ahmedabad To Register Marriage, Questions Police For Calling Her To Police Station After Sunset

Live Law  

The Gujarat High Court on Monday asked the Gujarat Police to ensure that a Lok Rakshak Dal woman be provided safe passage from the Junagadh academy to Ahmedabad so that she could solemnise her marriage with a Muslim Man under the Special Marriages Act. The Bench of Justice Sonia Gokani and Justice Sangeeta K. Vishen was hearing the Habeas Corpus …

Centre objects to plea against Special Marriage Act
4 years, 1 month ago

Centre objects to plea against Special Marriage Act

The Hindu  

The Centre has objected to a petition seeking to discontinue with the provision of inviting objection from public while applying for marriage registration under the Special Marriage Act. However, the Law Ministry said: “If any person raises objection to the said marriage within a period of 30 days, the marriage officer shall not solemnise the marriage until he has enquired …

Mandate of 30 days’ notice under Special Marriage Act optional: Allahabad HC
4 years, 2 months ago

Mandate of 30 days’ notice under Special Marriage Act optional: Allahabad HC

Live Mint  

In a judgement that is likely to bring relief to inter faith couples, the Allahabad High Court Wednesday declared as optional the mandatory publication of notice of intended marriages under the Special Marriage Act, saying it violated the Right To Privacy. It would also affect the couple's freedom to choose marriage "without interference from state and non-state actors", Justice Vivek …

Breaking: Mandatory Publication Of Notice Of Intended Marriage Under Special Marriage Act Violates Right To Privacy: Allahabad High Court
4 years, 2 months ago

Breaking: Mandatory Publication Of Notice Of Intended Marriage Under Special Marriage Act Violates Right To Privacy: Allahabad High Court

Live Law  

In an important judgment, Allahabad High Court has held that requirement of publication of notice of intended marriage under Section 6 and inviting/entertaining objections under Section 7 of the Special Marriage Act is not mandatory.Justice Vivek Chaudhary observed that making such publication mandatory would invade in the fundamental rights of liberty and privacy, including within its. In an important judgment, …

Kerala High Court Allows Marriage Registration Through Video Conferencing
4 years, 2 months ago

Kerala High Court Allows Marriage Registration Through Video Conferencing

Live Law  

The Kerala High Court in Sreelakshmi J.S. Hence, it was the plea of the petitioner to allow the completion of the formalities concerning her marriage registration by securing the presence of her husband through video conferencing and issue marriage certificate without insisting his physical appearance and signature. The directions of the court are produced in verbatim below :- An authorized …

Prior Notice To District Magistrate Mandatory For Marriages Under Uttarakhand Freedom Of Religion Act:High Court Directs Strict Compliance
4 years, 2 months ago

Prior Notice To District Magistrate Mandatory For Marriages Under Uttarakhand Freedom Of Religion Act:High Court Directs Strict Compliance

Live Law  

In a case of conversion of two consenting adults under the Uttarakhand Freedom of Religion Act, 2018, the division bench of Uttarakhand High Court comprising of Justice Sudhanshu Dhulia and Justice Narayan Singh Dhanik issued directions to the Superintendent of Police and District Magistrate, Haridwar to provide protection from the petitioner's family and also conduct a detailed enquiry in the …

Delhi HC Issues Notice In A Plea Seeking Marriage Equality For Same Sex Couples Under Hindu Marriage Act
4 years, 4 months ago

Delhi HC Issues Notice In A Plea Seeking Marriage Equality For Same Sex Couples Under Hindu Marriage Act

Live Law  

Delhi High Court has issued notice in a plea seeking registration of marriages of the same-sex couples under the Hindu Marriage Act. The order has come in a plea moved by Abhijit Iyer Mitra seeking registration of marriages of LGBTQIA couples under the Hindu Marriage Act. Today, the Petitioner argued that the language used in the Hindu Marriage Act is …

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