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

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 days period after submission of a notice of intended marriage mentioned in Section 6 and all consequential provisions under the Act are only directory and cannot be insisted upon. The petition has been moved by a couple aggrieved by the refusal to solemnise their marriage without the 30 days waiting period as mandated under the provision of the Special Marriage Act, 1954. While thus proceeding, the Marriage Officer can verify the identification, age and valid consent of the parties and their competence to marry under the Act.."progressive approach is adopted by the Apex Court also, by relaxing the six months waiting period after submission of joint petition under Section 13 B of the Hindu Marriage Act, 1955 and of the one year waiting period between marriage and submission of divorce petition", the Counsel argued, adding that with the advancement of technology, it is now possible to verify and ascertain whether any of the objectionable factors in Section 4 exists, within a short span of time.