SC Issues Notice On Plea Challenging Provisions Of Special Marriages Act Requiring Publication Of Private Details Of Parties Intending Marriage [Read Order]
4 years, 6 months ago

SC Issues Notice On Plea Challenging Provisions Of Special Marriages Act Requiring Publication Of Private Details Of Parties Intending Marriage [Read Order]

Live Law  

The Supreme Court on Wednesday issued notice in a plea challenging provisions of the Special Marriages Act, 1954 in so far as they require the parties to the marriage to establish their private details, open for public scrutiny, before 30 days of intended marriage.A bench of Chief Justice SA Bobde, Justices AS Bopanna & V. Ramasubramaniun issued notice in the plea which challenged. The Supreme Court on Wednesday issued notice in a plea challenging provisions of the Special Marriages Act, 1954 in so far as they require the parties to the marriage to establish their private details, open for public scrutiny, before 30 days of intended marriage. Therefore, the said provision is also discriminatory and violative of Article 14 of the Constitution" - Excerpt of Plea The petitioner, Nandini Praveen, a law student had challenged Sections 6, 7, 8, & 10 as well as section 6 to the extent to which it says that "Marriage officers shall thereupon cause a copy thereof to be affixed to some conspicuous place in his officer" and section 9 to the extent of dealing with the inquiry. In this regard, the plea reads, "It is averred that as per Section 6, 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, phone number etc.

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History of this topic

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. …

Hindu Person's Marriage With Non-Hindu Foreigner To Be Registered Under Special Marriage Act, Not Valid Under Hindu Marriage Act: Madras HC
1 month, 1 week ago

Hindu Person's Marriage With Non-Hindu Foreigner To Be Registered Under Special Marriage Act, Not Valid Under Hindu Marriage Act: Madras HC

Live Law  

The Madras High Court has observed that a marriage between a Hindu and a person belonging to any other religion cannot be celebrated under the Hindu Marriage Act as the Act requires both the parties to the marriage to belong to the Hindu faith. Thus, the court held that if a Hindu person wished to marry a non-Hindu, the marriage …

Hindu Marriage Act | No Bar On Joint Petition For Nullity Of Marriage And Divorce: Gujarat High Court
1 month, 2 weeks ago

Hindu Marriage Act | No Bar On Joint Petition For Nullity Of Marriage And Divorce: Gujarat High Court

Live Law  

The Gujarat High Court dismissed a wife's revision plea challenging a family court order which rejected her Order VII Rule 11 CPC application for rejection of her husband's 'composite suit' for nullity of marriage and divorce alleging cruelty, after noting that there is no prohibition on filing such a suit or joint petition. Therefore, there cannot be any bar in …

Madhya Pradesh High Court Aids Interfaith Couple, Says There's No Bar On Muslim Boy Marrying Hindu Girl U/S 4 Of Special Marriage Act
3 months ago

Madhya Pradesh High Court Aids Interfaith Couple, Says There's No Bar On Muslim Boy Marrying Hindu Girl U/S 4 Of Special Marriage Act

Live Law  

Coming to the aid of an interfaith couple, the Jabalpur Bench of Madhya Pradesh High Court directed the state to facilitate the marriage of a Hindu girl and a Muslim boy before the marriage officer. In doing so, the court said that there is no prohibition to inter-faith marriage under Section 4 of the Special Marriage Act, 1954. However, the …

Can Alimony Be Granted When Marriage Is Declared Void Under Hindu Marriage Act? Supreme Court To Consider
6 months, 3 weeks ago

Can Alimony Be Granted When Marriage Is Declared Void Under Hindu Marriage Act? Supreme Court To Consider

Live Law  

The Supreme Court is set due to consider the issue whether alimony can be granted where the marriage has been declared void. The bench of Justices Vikram Nath and PB Varale noted that there have been conflicting views by the decisions of various division benches in interpreting the applicability of Sections 24 and 25 of the Hindu Marriage Act, 1955 …

Muslim women’s alimony right meets the moment
8 months, 1 week ago

Muslim women’s alimony right meets the moment

New Indian Express  

In a landmark judgement, the Supreme Court has said that a Muslim woman has the right to seek maintenance from her husband under Section 125 of the Criminal Procedure Code like any other woman. The SC bench rejected the argument that the provisions of Section 125 do not apply in view of there being a personal law on the issue …

Muslim community turns to Special Marriage Act for fair inheritance in Kerala
8 months, 2 weeks ago

Muslim community turns to Special Marriage Act for fair inheritance in Kerala

New Indian Express  

THIRUVANANTHAPURAM: Even while holding traditions tight, more members of the Muslim community have started registering marriages under section 15 of the Special Marriage Act to overcome certain conditions imposed in the Muslim inheritance law. Details collected under the Right to Information Act from sub-registrar offices in two districts -- Kasaragod and Thrissur -- show that a total of 277 marriages …

Marriage Equality Case : Supreme Court To Consider Review Petitions On July 10; Justices Sanjiv Khanna & Nagarathna Replace Retired Judges
8 months, 2 weeks ago

Marriage Equality Case : Supreme Court To Consider Review Petitions On July 10; Justices Sanjiv Khanna & Nagarathna Replace Retired Judges

Live Law  

The petitions seeking review of the judgment refusing to recognize same-sex marriages are listed in the Supreme Court on July 10. Notably, the review petitions will be considered by a new bench composition since two judges of the 5-judge bench which delivered the judgment- Justices Sanjay Kishan Kaul and S Ravindra Bhat- have since retired.Justices Sanjiv Khanna and BV Nagarathna …

Bizarre judgment: On the Madhya Pradesh High Court’s order
9 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. …

Recent MP HC judgment on interfaith couples could deter mixed marriages
9 months, 2 weeks ago

Recent MP HC judgment on interfaith couples could deter mixed marriages

Hindustan Times  

The marriage between a Muslim man and a Hindu woman was not valid under Muslim personal law even if registered under the Special Marriage Act, 1954, the Madhya Pradesh High Court recently ruled, denying police protection to the interfaith couple. On April 20, 1978, the husband gave “talaq”, which was challenged by his wife before the High Court of Bombay …

Allahabad High Court allows interfaith couples to marry without conversion under Special Marriage Act
9 months, 3 weeks ago

Allahabad High Court allows interfaith couples to marry without conversion under Special Marriage Act

India TV News  

The Allahabad High Court has observed that the law permits interfaith couples to marry under the Special Marriage Act without conversion. The court dismissed the argument, stating that while marriage by agreement is invalid, parties can apply for court marriage under the Special Marriage Act without conversion. However, law does not prevent the parties from applying for court marriage under …

Allahabad HC upholds interfaith couples’ right to Special Marriage Act without conversion
9 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!
9 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 …

SC highlights cultural, legal significance of wedding ceremonies in Indian society
10 months, 3 weeks ago

SC highlights cultural, legal significance of wedding ceremonies in Indian society

Hindustan Times  

New Delhi The Supreme Court has issued a stern reminder about the sanctity of marriage, criticising the trend of reducing weddings to mere “song and dance” and “wining and dining”, while adding that such functions should be approached with reverence rather than extravagance. It added: “We urge young men and women to think deeply about the institution of marriage even …

Hindu marriage not valid unless performed with requisite ceremonies: SC
10 months, 3 weeks ago

Hindu marriage not valid unless performed with requisite ceremonies: SC

New Indian Express  

NEW DELHI: In a significant verdict on the Hindu Marriage Act, the Supreme Court has ruled that the registration of a union will be null and void if a valid ceremony and rituals like the Saptapati, are not performed. “A marriage is not an event for ‘song and dance’ and ‘wining and dining’ or an occasion to demand and exchange …

Delhi High Court upholds law barring marriage of distant relatives
1 year, 1 month ago

Delhi High Court upholds law barring marriage of distant relatives

Hindustan Times  

The Delhi high court upheld the validity of the Hindu Marriage Act provision that prohibits marriage between two people who are distantly related, saying that the consent of parents for a marriage between blood relatives cannot be treated as a custom under the law. The division bench, which also included justice Manmeet PS Arora, said the woman failed to prove …

Marriage Registration Can't Be Denied Because One Is A Foreign National, Right To Equality Applies To Non-Citizens Too: Rajasthan High Court
1 year, 3 months ago

Marriage Registration Can't Be Denied Because One Is A Foreign National, Right To Equality Applies To Non-Citizens Too: Rajasthan High Court

Live Law  

Rajasthan High Court has recently underscored that the denial of registration of a marriage under the Hindu Marriage Act solely on the ground that one or both of them are foreign nationals is not justified. “…The respondents cannot refuse to register the marriage of the petitioners only because the petitioner No.2 is a foreigner and is not a citizen of …

Hindu Marriage Act | Trial Court Must Wait 18 Months Before Dismissing Plea U/S 13B Even If Parties Trying To Reunite: Karnataka High Court
1 year, 3 months ago

Hindu Marriage Act | Trial Court Must Wait 18 Months Before Dismissing Plea U/S 13B Even If Parties Trying To Reunite: Karnataka High Court

Live Law  

The Karnataka High Court has held that under Section 13B of the Hindu Marriage Act, a couple seeking divorce had 18 months to report a settlement between them after filing the petition for divorce by mutual consent. A division bench of Justice K S Mudagal and Justice K V Arvind allowed an appeal and set aside the order of the …

Dissecting the same-sex marriage verdict
1 year, 5 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. …

A task for the House to finish?
1 year, 5 months ago

A task for the House to finish?

Hindustan Times  

In its much-debated judgment, the Supreme Court refused to endorse marriage equality. In his minority judgment, Chief Justice of India DY Chandrachud said, “This Court cannot either strike down the constitutional validity of the SMA or read words into the SMA because of its institutional limitations. This Court cannot read words into the provisions of the SMA and provisions of …

Hindu Marriage Act Bars Second Marriage When Spouse Living, Consent Of Parties Can’t Confer Validity: Delhi High Court
1 year, 5 months ago

Hindu Marriage Act Bars Second Marriage When Spouse Living, Consent Of Parties Can’t Confer Validity: Delhi High Court

Live Law  

The Delhi High Court has ruled that once there is a legal bar on the performance of second marriage when either spouse of the parties are living, the consent of such parties cannot confer validity to the second marriage. Noting that both the parties should not have a living spouse according to Section 5 of the Hindu Marriage Act, 1955, …

Right To Civil Union, Adoption, Transgender Persons' Right To Marry: Where Supreme Court Bench Agreed & Disagreed In Marriage Equality Case
1 year, 5 months ago

Right To Civil Union, Adoption, Transgender Persons' Right To Marry: Where Supreme Court Bench Agreed & Disagreed In Marriage Equality Case

Live Law  

"There is a degree of agreement and a degree of disagreement on how far we have to go," remarked CJI DY Chandrachud as he commenced the pronouncement of the judgement denying the grant of legal recognition for queer marriages in India in open court yesterday. On a similar note, Justice Kaul, in his judgement, also stated that the entitlements devolving …

Invoking the spectre of judicial legislation
1 year, 5 months ago

Invoking the spectre of judicial legislation

Hindustan Times  

In the last two days, the Supreme Court has passed two significant judgments that will have ramifications for years to come. On Tuesday, by a 3-2 majority, the SC virtually rejected all the prayers in a batch of petitions seeking, among other reliefs, marriage equality and a bouquet of rights for the LGBTQ+ community. Thus, they said, “All queer persons …

SC Says Queer Couples Can Live-In, But Doesn't Legalise Marriage. Onus On Parliament Now
1 year, 5 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, 5 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, 5 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, 5 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, 5 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, 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 …

Hindu Marriage Can Be Dissolved Through Customary Divorce If Existence Of Such A Customary Right Is Established : Supreme Court
1 year, 5 months ago

Hindu Marriage Can Be Dissolved Through Customary Divorce If Existence Of Such A Customary Right Is Established : Supreme Court

Live Law  

The Supreme Court observed that a Hindu marriage can be dissolved through a customary divorce deed, provided the existence of such a customary right is established.This is by virtue of Section 29 of the Hindu Marriage Act 1955, which states the none of the provisions of the Act will affect any right recognised by custom or conferred by any special …

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 …

[Hindu Marriage Act] Children Born Out Of Void Marriage Can't Claim Share In Joint Family Property: Telangana High Court
1 year, 6 months ago

[Hindu Marriage Act] Children Born Out Of Void Marriage Can't Claim Share In Joint Family Property: Telangana High Court

Live Law  

Editor's Note: On September 1, the Supreme Court in Revanasiddappa vs. Mallikarjun recognized the rights of children born out of invalid marriages in their parents' share in Hindu joint family property. The Telangana High Court on August 28 had held that a child born out of a second marriage, a void marriage under the Hindu Marriage Act, cannot claim share …

Fact Check: Did The Supreme Court Really Allow Advocates To Solemnize Marriages In Their Chambers?
1 year, 6 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, 6 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, 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 …

First Wife Has Right to File Application under Section 11 of Hindu Marriage Act to Void Husband's Second Marriage: Allahabad HC
1 year, 7 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 …

What is Hindu Marriage Act and its relevance: Details here
1 year, 8 months ago

What is Hindu Marriage Act and its relevance: Details here

India TV News  

The Hindu Marriage Act was passed in 1955 and designed to protect the rights of the Hindu bride and groom tied together by the holy bond of marriage. The Supreme Court observed that a Hindu marriage cannot be termed conclusive in the "absence of a valid ceremony" under the Hindu Marriage Act. What is Hindu Marriage Act | Key takeaways …

A Watershed Moment: SC Order on Divorce Makes Room for Dignity, Mitigates Stigma
1 year, 10 months ago

A Watershed Moment: SC Order on Divorce Makes Room for Dignity, Mitigates Stigma

The Quint  

In India, laws around marriage and divorce are governed largely by the religious laws like Hindu Marriage Act,1955, the Indian Christian Marriage Act, 1872 and the relevant Muslim laws with the exception of the Special Marriage Act, 1954 wherein the divorce procedures apply to interfaith couples who have registered their marriage under the said Act. In the current case, the …

Marriage for all, even if for a few
1 year, 10 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 …

SC reserves verdict on pleas seeking legal validation for same-sex marriage
1 year, 10 months ago

SC reserves verdict on pleas seeking legal validation for same-sex marriage

The Hindu  

The Supreme Court on Thursday reserved its verdict on a batch of pleas seeking legal validation for same-sex marriage. During the hearing on Wednesday, the Centre told the apex court that any constitutional declaration made by it on pleas seeking legal validation for same-sex marriage may not be a "correct course of action" as the court will not be able …

Same Sex Marriage Case : Supreme Court Expresses Reluctance To Examine Special Marriage Act Provisions On Notice & Objections
1 year, 10 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 Day 9 hearing Highlights: SC bench to resume hearing on Thursday
1 year, 10 months ago

Same-sex marriage Day 9 hearing Highlights: SC bench to resume hearing on Thursday

India Today  

Singhvi: We not only seek a declaration of the right to marry but a right to marry under the Speical Marriage Act by an interpretation of SMA, which will allow the solemnisation of non-heterosexual marriages. Please don't be swayed by this argument that elected legislature, unelected judges, the majority - the whole advance of laws are full of examples to …

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 …

SC’s haste is clearly an effort to encroach onto powers of Parliament: VHP on same-sex marriage
1 year, 10 months ago

SC’s haste is clearly an effort to encroach onto powers of Parliament: VHP on same-sex marriage

The Hindu  

The Vishwa Hindu Parishad’s legal cell passed a resolution against same-sex marriage saying the “tearing hurry” with which the Supreme Court is hearing petitions for legal recognition of such unions is not appropriate. The VHP said it believes that there is no grave urgency to decide and determine the case related to same-sex marriage, when the country is still facing …

SMA rules must be reconsidered
1 year, 11 months ago

SMA rules must be reconsidered

Hindustan Times  

The fractious question of interfaith relationships was first legislated in India in the second half of the 19th century as sweeping reformist movements such as Brahmo Samaj petitioned the British government to find a path forward for couples separated by religion, and the diktat of their strict customary laws. From the swirling debate around the reformation of the Hindu personal …

Supreme Court slams sections of Special Marriage Act requiring prior notice
1 year, 11 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, 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 …

'When the Hindu Code came...': Petitioners on Day 2 of same-sex marriage hearing in Supreme Court | Top 5 quotes
1 year, 11 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 …

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