Articles for Special Marriage Act

Kerala High Court Annual Digest 2024 [Part I]
1 week, 5 days ago

Kerala High Court Annual Digest 2024 [Part I]

Live Law  

Nominal Index Citations: Union of India & Ors. 2024 LiveLaw Ker 264 Dr. M. R. Saseendranath V State of Kerala 2024 LiveLaw Ker 265 State of Kerala v Narendra Kumar & Another 2024 LiveLaw Ker 266 Nijo Varghese v Transport Commissioner 2024 LiveLaw Ker 267 Cherplassery Co-Operative Hospital Ltd v State of Kerala 2024 LiveLaw Ker 268 Modern Food Enterprises …

India High Court Writ Jurisdiction Constitution Land Acquisition Income Tax Title
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 weeks 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 …

Marriage Court Judge Hindu Muslim Act Bench
Muslim community turns to Special Marriage Act for fair inheritance in Kerala
6 months 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 Property Son Act Thrissur Muslim Community Sma
Recent MP HC judgment on interfaith couples could deter mixed marriages
7 months 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 …

Law Religion India Personal Marriage Court Uttar Pradesh
Interfaith Couples Can Marry Under Special Marriage Act Without Need Of Conversion: Allahabad High Court
7 months, 1 week ago

Interfaith Couples Can Marry Under Special Marriage Act Without Need Of Conversion: Allahabad High Court

Live Law  

The Allahabad High Court has observed that the law does not prevent an interfaith couple from applying for court marriage under the Special Marriage Act without the requirement of converting their religion. The petitioners argued that without converting to the faith/religion of the other, they decided to cohabit as husband and wife and get married under the Special Marriage Act …

Marriage Court Special Special Marriage Act
Allahabad High Court allows interfaith couples to marry without conversion under Special Marriage Act
7 months, 1 week 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 …

Marriage Couple Court Act Special Conversion Law Special Marriage Act
Allahabad HC upholds interfaith couples’ right to Special Marriage Act without conversion
7 months, 1 week 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 Couple Court Interfaith Act Special Special Marriage Act
M.P. HC refuses protection to interfaith couple to register wedding under Special Marriage Act
7 months, 1 week ago

M.P. HC refuses protection to interfaith couple to register wedding under Special Marriage Act

The Hindu  

The wedding of a Muslim man with a Hindu woman, even if it is registered under the Special Marriage Act, is not valid, the Madhya Pradesh High Court has said while dismissing an interfaith couple’s petition seeking protection and help in registering their marriage. Section 4 of Special Marriage Act provides that if the parties are not within prohibited relationship …

Marriage Personal Law Hindu Muslim Khan Sen Act
Kerala High Court Weekly Round-Up: January 15 – January 21, 2024
11 months, 2 weeks ago

Kerala High Court Weekly Round-Up: January 15 – January 21, 2024

Live Law  

Nominal Index Sabu Varghese v. Viju P. Varghese & Ors., 2024 LiveLaw 42 Dr. Annie Mareena Issac V Employees State Insurance Corporation, 2024 LiveLaw 43 XXX & Ors. Kerala HC Refers To Division Bench Case title: Lekshmi M V Sudhamony Amma Citation: 2024 LiveLaw 45 The Kerala High Court has referred the decision of a single judge in Natarajan T.K. …

Justice Kerala Court Title Trial Court Kerala High Court Courts
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, …

India Marriage Constitution Court Couples Judicial Review Right
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 …

Marriage Justice Court Chief Act Special Parliament
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 …

India Marriage Court Couples Man Hearing Woman
Additional District Judge Can Hear Divorce Plea Under Section 27 Of Special Marriage Act: Andhra Pradesh High Court
1 year, 4 months ago

Additional District Judge Can Hear Divorce Plea Under Section 27 Of Special Marriage Act: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court recently held that an Additional District Judge has the jurisdiction to hear and dispose of divorce petitions filed under Section 27 of the Special Marriage Act, 1954. Justice R. Raghunandan Rao added that Section 11 of the A.P Civil Courts Act empowers the District Judge to transfer cases to the Additional District Judge, thus strengthening …

Marriage Court Civil Divorce Courts Act Filed
Strike a fine balance, have a just civil code
1 year, 6 months ago

Strike a fine balance, have a just civil code

The Hindu  

June 24, 2023 12:16 am | Updated 10:30 am IST On June 14, the Law Commission of India decided to solicit views and proposals from the public about the Uniform Civil Code. Even reformed Hindu Personal Law under the Hindu Marriage Act, 1955 does insist on solemnisation of marriage, through saptapadi and datta. Surprisingly when two Hindus marry under the …

India Marriage Constitution Indian British Personal Law Personal Laws
Law does not recognise live-in relationship as marriage, says Kerala high court: Report
1 year, 6 months ago

Law does not recognise live-in relationship as marriage, says Kerala high court: Report

Hindustan Times  

Law does not recognise live-in relationships as marriage, the Kerala high court observed on Tuesday. The Kerala high court said live-in relationships might be recognised for other purposes, but not for divorce. The high court bench made the observations while hearing an appeal filed by a couple of different faiths who were in a live-in relationship and had challenged a …

Relationships Relationship Marriage Kerala Court Divorce Kerala High Court
Interfaith marriages | As vigilante groups thrive, couples try to survive
1 year, 7 months ago

Interfaith marriages | As vigilante groups thrive, couples try to survive

The Hindu  

In Little Angel Toys Shop in Paltan Bazar, Vikas Verma is trying to sell a pink unicorn to a customer. The couple and their families must be identified, Verma urges, and the woman, who has “fallen into the trap of ‘love jihad’, must be ‘counselled’.” The Special Marriage Act requires couples to submit a notice of intended marriage. It is …

Social Media Marriage Women Love Jihad Uttar Pradesh Couples Men
Same Sex Marriage Case : Supreme Court Expresses Reluctance To Examine Special Marriage Act Provisions On Notice & Objections
1 year, 8 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 …

India Marriage Justice Supreme Court Court Sex Couples
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 …

Marriage Justice Supreme Court Act Chandrachud Chief Justice Chandrachud Provisions
Same-sex marriage: ‘There is nothing absolute…’: CJI Chandrachud
1 year, 8 months ago

Same-sex marriage: ‘There is nothing absolute…’: CJI Chandrachud

Live Mint  

The Supreme Court of India's hearing into petitions seeking to legalize same-sex marriage continued on third day on Thursday, April 20. 3:40 pm: CJI Chandrachud said, “Same-sex couples seek the same benefits of marriage.” To which, advocate Vishwanathan says that the LGBTQ parents are as qualified to have children as the heterosexual parents. The top court disapproved the central government's …

Marriage Court Centre Lgbtq Chandrachud Cji Advocate
Five years after Section 377 landmark, queer community hopes for an epoch
1 year, 8 months ago

Five years after Section 377 landmark, queer community hopes for an epoch

Hindustan Times  

Like most things in India, it began at a wedding. “Runaway LBI women and trans persons often wish to marry each other and are seeking to secure some legal and social legitimacy for their relationship, particularly given the hostility, threat and violence that is inflicted on them not only by society at large but specifically from family members, opposed to …

India France Marriage Couple Constitution Court Family Laws
No govt data shows same-sex marriage is an urban-elitist concept, says CJI
1 year, 8 months ago

No govt data shows same-sex marriage is an urban-elitist concept, says CJI

Live Mint  

Supreme Court begins hearing arguments on the validation of same-sex marriage in India. 10 updates On the second day of the historic hearing for legalising same-sex marriage in India, the Supreme Court bench made significant remarks on the case. ‘Notion of man, woman not based on genitals,’ says SC on legal validation of same-sex marriage The Supreme Court of India …

India Supreme Court Constitution Court Rights Indian Fundamental Rights
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 …

Marriage Constitution Bench Petitions Union Right Recognition Hindu
Will Kerala Muslim couple's re-marriage under Special Marriage Act help them? | Explained
1 year, 10 months ago

Will Kerala Muslim couple's re-marriage under Special Marriage Act help them? | Explained

India Today  

A Muslim couple from Kerala recently remarried, and got their marriage registered under the Special Marriage Act. READ | What is Special Marriage Act, all you need to know Section 2 of the 1937 Act states that the rule of decision in cases where the parties are Muslims will be the Muslim Personal Law, on the question of succession, marriage, …

India Personal Marriage Kerala Islam Succession Parties
Aligarh Muslim University students to host a 'dawat' for Swara Bhasker and Fahad Ahmed amid protests
1 year, 10 months ago

Aligarh Muslim University students to host a 'dawat' for Swara Bhasker and Fahad Ahmed amid protests

Op India  

Days after Left-wing activist and Bollywood entertainer Swara Bhasker got married to Samajwadi Party leader Fahad Ahmed, the Aligarh Muslim University students have reportedly decided to host a wedding reception for the couple. Fazal Hasan, former student union president of AMU has said that a ‘Dawat’ reception is being planned for the newly married couple adding that over 50-100 people …

Marriage University Amu Hasan Some People Ahmed Swara