Supreme Court Notice on Plea against Public Notice under Special Marriage Act
4 years, 3 months ago

Supreme Court Notice on Plea against Public Notice under Special Marriage Act

News 18  

The Supreme Court on Wednesday issued notice on a plea against the 30-day public notice to furnish details of couples who intend to marry under the Special Marriage Act. “Publishing details of notice of marriage by the Marriage Officers include the details of the parties like names, date of birth, age, occupation, parents’ names and details, address, pin code, identity information, and phone number etc. “The provisions also allow anyone to submit objections to the proposed marriage and empower the Marriage Officer to inquire into such objections,” the plea read. The plea urged the court to strike down Sections 6, 7, 8 and 10 of the Special Marriage Act as unconstitutional and illegal.

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History of this topic

Bizarre judgment: On the Madhya Pradesh High Court’s order
6 months, 2 weeks ago

Bizarre judgment: On the Madhya Pradesh High Court’s order

The Hindu  

It is an old principle that ignorance of law is no excuse. The Madhya Pradesh High Court’s order ruling declining to give protection to a couple on the ground that a marriage between a Muslim man and a Hindu woman will not be valid, even if registered under the Special Marriage Act, 1954, reflects an incredible misunderstanding of the law. …

Allahabad HC upholds interfaith couples’ right to Special Marriage Act without conversion
6 months, 3 weeks ago

Allahabad HC upholds interfaith couples’ right to Special Marriage Act without conversion

Hindustan Times  

While granting protection to an interfaith live-in couple facing threats, the Allahabad high court observed that the law permits interfaith couples to marry under the Special Marriage Act without conversion. Allahabad High Court The court observed, “Interfaith couples who choose not to convert for marriage can register their union under the Special Marriage Act.” Justice Jyotsna Sharma made this observation …

Marriage, a chaotic construct!
6 months, 3 weeks ago

Marriage, a chaotic construct!

New Indian Express  

Critiques of marriage as an institution occur within a world in which the institution holds all kinds of power, which is why people who are critical of it may get married anyway. Pragmatically speaking, being legally married may be the best if not only way to ensure that one’s partner’s role in one’s life — or one’s role in their …

Dissecting the same-sex marriage verdict
1 year, 2 months ago

Dissecting the same-sex marriage verdict

New Indian Express  

The Special Marriage Act, of 1954 is a permissive legislation that allows any two persons to marry without discarding their respective religions. The petitioners wanted Section 4 of the SMA made gender neutral as it prescribes in its present form that males complete the age of 21 years and females the age of 18 years to be eligible for marriage. …

SC Says Queer Couples Can Live-In, But Doesn't Legalise Marriage. Onus On Parliament Now
1 year, 2 months ago

SC Says Queer Couples Can Live-In, But Doesn't Legalise Marriage. Onus On Parliament Now

ABP News  

Same-Sex Marriage Verdict: The Supreme Court on Tuesday made a range of crucial observations while delivering its judgment on the legal validation of same-sex marriage in the country. CJI DY Chandrachud and Justice Sanjay Kishan Kaul agreed to the right of civil unions for same-sex couples saying it flows from Part 3 of the Constitution, whereas Justices S Ravindra Bhat, …

Amending Special Marriage Act Will Push India Back To Pre-Independence Era: Supreme Court
1 year, 2 months ago

Amending Special Marriage Act Will Push India Back To Pre-Independence Era: Supreme Court

ABP News  

Chief Justice of India DY Chandrachud, while reading out the order in the crucial hearing on the matter of same-sex marriage on Tuesday, voiced his concerns that striking down the Special Marriage Act would push the country back to the "pre-Independence era." Chief Justice Chandrachud cautioned against the striking down of the Special Marriage Act. He affirmed that decisions regarding …

SC Delivers Verdict On Same-Sex Marriage: Highlights From 10-Day Marathon Hearing
1 year, 2 months ago

SC Delivers Verdict On Same-Sex Marriage: Highlights From 10-Day Marathon Hearing

ABP News  

A five-judge constitution bench of the Supreme Court on Tuesday delivered its verdict on the pleas seeking legal validation of marriage of same-sex couples. Twenty petitions were filed by same-sex couples, and other LGBTOIA+ activists challenging the provisions of the Special Marriage Act 1954, Hindu Marriage Act 1955, and the Foreign Marriage Act 1969. Centre’s ‘Urban Elitists’ Argument, Supreme Court …

No legal recognition to same-sex marriage, Supreme Court leaves it to Parliament
1 year, 2 months ago

No legal recognition to same-sex marriage, Supreme Court leaves it to Parliament

India Today  

The Supreme Court today refused to grant legal recognition to same-sex marriages, saying it was up to Parliament to make laws to enable it. The Supreme Court also directed the government to constitute a committee to examine the rights and entitlements of persons in queer union, without legal recognition of their relationship as a "marriage". The court, though, said that …

Verdict on same-sex marriage by Supreme Court today
1 year, 2 months ago

Verdict on same-sex marriage by Supreme Court today

India Today  

The Supreme Court will announce its verdict on the legal recognition of same-sex marriage later today. In May, the Supreme Court held a marathon hearing to consider the issue of giving recognition to same-sex marriage and the legal and social questions arising out of those petitions. The hearings were held after 18 same-sex couples filed petitions before the Supreme Court, …

Hindu Marriage is Invalid Without Rituals: Allahabad HC
1 year, 2 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, 2 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 …

Fact Check: Did The Supreme Court Really Allow Advocates To Solemnize Marriages In Their Chambers?
1 year, 3 months ago

Fact Check: Did The Supreme Court Really Allow Advocates To Solemnize Marriages In Their Chambers?

Live Law  

Recently, several media reports have been doing the rounds stating that the Supreme Court has allowed advocates to solemnize marriages in their chambers under the Hindu Marriage Act 1955, overruling a Madras High Court judgment that held such marriages to be invalid. However, contrary to what several media reports claim, what the Apex Court actually held in its recent ruling …

What has the Supreme Court said about the validity of ‘self-respect’ marriages? | Explained
1 year, 3 months ago

What has the Supreme Court said about the validity of ‘self-respect’ marriages? | Explained

The Hindu  

The story so far: Affirming the fundamental right to choose one’s life partner, the Supreme Court on August 28 held that ‘self-respect’ marriages or ‘suyamariyathai’ under Section 7 of the Hindu Marriage Act, 1955, do not need public solemnisation or declarations, setting aside a May 2023 Madras High Court judgement. In doing so, a Bench comprising Justices S. Ravindra Bhat …

Lawyers Can Solemnise ‘Self Respect Marriage’ Under Amended Hindu Marriage Law in Tamil Nadu: SC
1 year, 3 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 …

First Wife Has Right to File Application under Section 11 of Hindu Marriage Act to Void Husband's Second Marriage: Allahabad HC
1 year, 4 months ago

First Wife Has Right to File Application under Section 11 of Hindu Marriage Act to Void Husband's Second Marriage: Allahabad HC

News 18  

The Allahabad High Court recently affirmed the ruling of a family court that a first wife has the right to file an application under section 11 of the Hindu Marriage Act, 1955, seeking the declaration of her husband’s second marriage as illegal and void. The counsel for the appellant who was the second wife of a man heavily relied upon …

Marriage for all, even if for a few
1 year, 7 months ago

Marriage for all, even if for a few

The Hindu  

In a reality show, “Fabulous Lives of Bollywood Wives”, Sima Taparia of the series, “Indian Matchmaking”, was asked about the possibility of matching for queer couples. Even as season three of her show dropped, the Supreme Court began hearing the case for marriage equality within the ambit of the Special Marriage Act. If the court rules in favour of expanding …

Same Sex Marriage Case : Supreme Court Expresses Reluctance To Examine Special Marriage Act Provisions On Notice & Objections
1 year, 7 months ago

Same Sex Marriage Case : Supreme Court Expresses Reluctance To Examine Special Marriage Act Provisions On Notice & Objections

Live Law  

In the matter pertaining to marriage equality in India, on the ninth day of the arguments, Senior Advocate Dr AM Singhvi submitted before the Supreme Court his rejoinder arguments. When Dr Singhvi started arguing against the notice and objection regime of the Special Marriage Act, CJI DY Chandrachud orally remarked– "Your argument in the challenge to notice provisions postulates a …

Same-sex marriage: SC hints it may refer challenge to notice provision under Spl Marriage Act to 2-judge bench
1 year, 7 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 …

Supreme Court slams sections of Special Marriage Act requiring prior notice
1 year, 8 months ago

Supreme Court slams sections of Special Marriage Act requiring prior notice

The Hindu  

The Supreme Court on April 20 said provisions of the Special Marriage Act which mandate a 30-day prior notice of intent to marry is steeped in patriarchy and exposes vulnerable couples to an “invasion” by the society. However, senior advocate A.M. Singhvi and advocate Shadan Farasat said the mandate of prior and open notice of the intent to marry was …

'Based On Patriarchy, Exposes Couples To Invasion' : Supreme Court Questions Special Marriage Act Provisions On Notice Inviting Objections
1 year, 8 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 …

'When the Hindu Code came...': Petitioners on Day 2 of same-sex marriage hearing in Supreme Court | Top 5 quotes
1 year, 8 months ago

'When the Hindu Code came...': Petitioners on Day 2 of same-sex marriage hearing in Supreme Court | Top 5 quotes

Hindustan Times  

The Supreme Court on Wednesday resumed its hearing on the issue of recognising “same-sex marriage”. “The State should come forward and provide recognition to same-sex marriage,” senior advocate Mukul Rohatgi. Senior advocate Mukul Rohatgi, representing one of the petitioners, argued before the Supreme Court that “the State should come forward and provide recognition to same-sex marriage.” Meanwhile, Solicitor General Tushar …

Have written to States about same-sex marriage hearing: Centre tells Supreme Court
1 year, 8 months ago

Have written to States about same-sex marriage hearing: Centre tells Supreme Court

The Hindu  

The Centre on April 19 informed the Supreme Court that it has written to the Chief Secretaries of States, informing them that the same-sex marriage case is being heard by the Supreme Court. The court had decided to restrict itself to examining whether the ambit of the Special Marriage Act could be widened to accommodate same-sex marriages. Mr. Mehta had …

A case for marriage equality
1 year, 8 months ago

A case for marriage equality

The Hindu  

On March 12, the Centre filed an affidavit in the Supreme Court frowning upon same-sex marriage. More than 20 retired judges issued a statement saying that legalisation of same-sex marriage will “strike at the very root of the family system” and that “such a sensitive issue concerning the society at large be debated in the Parliament and State Legislature as …

In legal fight for love, petitioners look to Supreme Court for same-sex marriage sanction
1 year, 8 months ago

In legal fight for love, petitioners look to Supreme Court for same-sex marriage sanction

The Hindu  

A five-judge bench of the Supreme Court is set to hear the petitions on April 18, 2023. It is then upon the aggrieved members of society, the victims of the current marriage regime, to go to court and say the laws as they stand today are violative of the Constitution, and therefore the court is absolutely the right forum for …

Supreme Court Refers Petitions Seeking Legal Recognition For Same-Sex Marriage To Constitution Bench
1 year, 9 months ago

Supreme Court Refers Petitions Seeking Legal Recognition For Same-Sex Marriage To Constitution Bench

Live Law  

In a significant development, the Supreme Court on Monday referred to a Constitution Bench a batch of petitions seeking legal recognition for same-sex marriages, observing that it was a matter of "seminal importance"A bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala observed in its order : "We are of the view that it would be appropriate …

[Special Marriage Act] Youngsters Largely Employed Abroad, 30 Days Mandatory Residence & Subsequent Waiting Period May Need Relook: Kerala HC
1 year, 10 months 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
1 year, 10 months 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 …

High Court Allows Foreign Nationals Working in Delhi to Solemnise and Register Marriage in the Capital
1 year, 11 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. …

Glimmer of hope: On rights of same-sex couples
1 year, 11 months ago

Glimmer of hope: On rights of same-sex couples

The Hindu  

In a welcome move, the Supreme Court has transferred to itself petitions pending in several High Courts seeking legal recognition of same-sex marriage. Petitioners are looking for an authoritative ruling legalising same-sex marriage, especially on the question of whether it will be brought within the ambit of the Special Marriage Act of 1954, which allows a civil marriage for couples …

Supreme Court transfers to itself petitions seeking legal recognition of same sex marriage
1 year, 11 months ago

Supreme Court transfers to itself petitions seeking legal recognition of same sex marriage

The Hindu  

The Supreme Court on Friday transferred to itself petitions pending in various High Courts seeking legal recognition of same sex marriage. Chandrachud said there was broad consensus among the petitioners to shift the cases to the Supreme Court for an authoritative ruling on the issue, especially on the question whether same sex marriage should be brought within the ambit of …

Supreme Court transfers to itself all petitions on same-sex marriage
1 year, 11 months ago

Supreme Court transfers to itself all petitions on same-sex marriage

The Hindu  

The Supreme Court on Friday transferred to itself petitions pending in various High Courts seeking legal recognition of same sex marriage. Chandrachud said there was broad consensus among the petitioners to shift the cases to the Supreme Court for an authoritative ruling on the issue, especially on the question whether same sex marriage should be brought within the ambit of …

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

SC notice to Centre on plea seeking legal recognition to same-sex marriage
2 years ago

SC notice to Centre on plea seeking legal recognition to same-sex marriage

Hindustan Times  

The Supreme Court on Friday issued a notice to the Centre on a plea to grant legal recognition to same-sex marriages and alliances between members of lesbian, gay, bisexual, trans, intersex and queer or LGBTIQ+ community under the Special Marriage Act. A gay couple had moved the Supreme Court seeking legal recognition of same-sex marriage under the Special Marriage Act …

'State Can't Prohibit Interfaith Couple To Marry': Delhi High Court On Foreign Nationals' Plea For Registration Of Marriage Under SMA
2 years, 1 month 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 …

Religion Of Parties Not Relevant For Registering Marriage Under Kerala Registration Of Marriages (Common) Rules, 2008: High Court
2 years, 2 months ago

Religion Of Parties Not Relevant For Registering Marriage Under Kerala Registration Of Marriages (Common) Rules, 2008: High Court

Live Law  

In a significant order, the Kerala High Court on Wednesday held that the religion of the parties is not a consideration for registering marriages under the Kerala Registration of Marriages Rules, 2008. Government Pleader, Advocate K M Faisal relying on the Kerala High Court decision in the case of Sabu K. Eliyas v. State of Kerala and others, submitted that …

Restitution Of Conjugal Rights Does Not Violate Right To Privacy; Continuation Of Marriage Legitimate State Interest : Centre Tells Supreme Court
2 years, 3 months ago

Restitution Of Conjugal Rights Does Not Violate Right To Privacy; Continuation Of Marriage Legitimate State Interest : Centre Tells Supreme Court

Live Law  

The Central Government has today filed a Counter Affidavit opposing a plea filed in the Supreme Court challenging the constitutional validity of the Section 9 of the Hindu Marriage Act, Section 22 of the Special Marriage Act and Order 21 Rule 22 and 23 of the Code of Civil Procedure which are provisions relating to the restitution of Conjugal Rights. …

Explained | Challenging the Special Marriage Act, 1954
2 years, 3 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 …

Inter-Faith Couple Wrongly Advised To Marry In Temple, Seeks Time To Register Under Special Marriage Act: MP High Court Stays Kidnapping FIR
2 years, 7 months ago

Inter-Faith Couple Wrongly Advised To Marry In Temple, Seeks Time To Register Under Special Marriage Act: MP High Court Stays Kidnapping FIR

Live Law  

The Madhya Pradesh High Court recently granted relief to an inter-faith couple in the form of protection from their parents and the society. Hearing the Writ Petition, Justice Nandita Dubey directed- Respondents No.3 to 6 are directed not to take any action against the petitioners on the basis of the FIR lodged by the relatives of petitioner No.1. Further they …

Allahabad High Court rejects two women's plea to recognise their 'marriage'
2 years, 8 months ago

Allahabad High Court rejects two women's plea to recognise their 'marriage'

Firstpost  

The couple contended that the Hindu Marriage Act talks about the marriage of two people and homosexual marriage has not been opposed by the legislation Allahabad: A plea by two women to recognise their “marriage” on the argument that such union was not “opposed” by the Hindu Marriage Act has been rejected by the Allahabad High Court. Opposing their plea, …

Government response awaited on law on inter-faith marriages
2 years, 11 months ago

Government response awaited on law on inter-faith marriages

The Hindu  

The law that governs inter-faith marriages in the country, the Special Marriage Act, 1954, is being challenged for endangering the lives of young couples who seek refuge under it. And then they told us we were required to wait for 30 days and issue a notice inviting objections to our marriage from the public and that this notice would be …

Kerala High Court Allows Virtual Solemnisation Of Marriage Amid Omicron Scare
3 years 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 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 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 …

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

Delhi Magistrate Sending Notice to Residence of Persons Marrying Under SMA Contempt of Court: HC
3 years, 4 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 …

Anand Marriage Act: Uttarakhand High Court Issues Notice To State On Plea Seeking Direction To Notify Rules For Sikh Marriages
3 years, 5 months ago

Anand Marriage Act: Uttarakhand High Court Issues Notice To State On Plea Seeking Direction To Notify Rules For Sikh Marriages

Live Law  

The Uttarakhand High Court on Wednesday issued a notice to the state government on a plea urging that State Government should notify the rules under the Anand Marriage Act, 1909. The petition, filed by the party in person, Amanjot Singh Chadha, avers that the Act casts a duty upon the State Government under Section 6 to make rules for registration …

Delhi High Court Issues Notice On Plea Seeking Recognition To Same-Sex Marriages In Citizenship Act, Special Marriage Act & Foreign Marriage Act
3 years, 5 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 …

Can children from first marriage challenge validity of second under Special Marriage Act? SC agrees to examine
3 years, 5 months ago

Can children from first marriage challenge validity of second under Special Marriage Act? SC agrees to examine

India Today  

Thirteen years after a Muslim woman married a Hindu man under the Special Marriage Act, the children from his first marriage went to court saying the marriage was invalid. Senior advocate Huzefa Ahmadi, appearing in court for the woman, argued that the children of the first wife have “no locus standi whatsoever” to challenge the marriage. “It has been registered …

SC Tags Plea Challenging Provisions Prescribing Different Ages For Marriage Tagged With Transfer Plea On Petitions Seeking Uniform Age Of Marriage
3 years, 5 months ago

SC Tags Plea Challenging Provisions Prescribing Different Ages For Marriage Tagged With Transfer Plea On Petitions Seeking Uniform Age Of Marriage

Live Law  

The Supreme Court on Monday tagged the petition challenging provisions which prescribe different ages for eligibility of marriage for the intended bride and groom with a pending petition seeking transfer of petitions before Rajasthan High Court and Delhi High Court that seek for a uniform marriage age for both men and women.A Bench headed by Justice AM Khanwilkar heard Senior …

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
3 years, 9 months 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 …

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