Independence Day 2024: Celebrating Trailblazing Judgments, Legislations and Policies – Charting the path to ‘Viksit Bharat’
Celebrating the 78th Independence Day by revisiting the most historical legal achievements of the country
Special Marriage Act
Beyond Traditional Grounds under Hindu Law: Supreme Court’s Power to Grant Divorce on the Ground of Irretrievable Breakdown of Marriage
by Bijal Ajinkya†, Sachin Bhandawat†† and Vatsal Singh†††
Cite as: 2024 SCC OnLine Blog Exp 19
Divorce petition u/s 27 of the Special Marriage Act can be heard by Additional District Judge: Andhra Pradesh High Court
“Section 11(2) of Andhra Pradesh Civil Courts Act, 1972 empowers the District Judge to transfer any case to the Additional District Judge who would have the same power as that of the District Judge in disposing of the transfer cases.”
[Special Marriage Act] ‘AI increased the possibility of impersonation’; Delhi High Court directs Indian National to appear before Indian High Commission in Canada and join video conferencing
The Marriage Registration Authority submitted that in view of the advancement in the technology in Artificial Intelligence, the possibility of somebody impersonating Petitioner cannot be ruled out.
Explained| The momentous Same Sex Marriage matter before the Supreme Court Constitution Bench
Petitioner contended that they were entitled to the Fundamental Right to marry which was entrenched in the Constitution which includes the choice of a marital partner. Neither the State nor Society could intrude into the domain of individual right to pursue a way of life which were central to their identity and autonomy.
‘Virtual wedding would meet the requirements of law under S. 12 of Special Marriage Act, 1954; Madras High Cout cites how Lord Rama married Sita Ji’s statue in her absence
There came a time when Rama was going to perform a huge sacrifice, or yajna, such as the old kings used to
‘Virtual wedding would meet the requirements of law under S. 12 of Special Marriage Act, 1954; Madras High Court cites how Lord Rama married Sita Ji’s statue in her absence
There came a time when Rama was going to perform a huge sacrifice, or yajna, such as the old kings used to
Delhi High Court |Once two adults’ consent to live together as husband and wife, no third-party interference including family is warranted; Directs SHO to provide mobile number
Delhi High Court: In a case where two adults married against the wishes of the family and now anticipate danger to their
Detenue is ambivalent in her stand between her desire to be with her husband and fear of being ill-treated by the parents of her husband; Ker HC did not issue Habeas Corpus
Kerala High Court: A Division Bench of K Vinod Chandra and C Vijayachandran, JJ. dismissed the petition and rejected the relief sought
If husband and wife get their marriage registered under Special Marriage Act & under Parsi Marriage and Divorce Act, 1936 as well, would this require them to get nullity of marriage under both Acts or one? Court decides
Parsi Chief Matrimonial Court, Bombay: G.S. Kulkarni, J., expressed that, there is no provision under legislations, that if a marriage between the
If a foreign embassy doesn’t issue ‘Single Status Certificate’ or NOC of an OCI card holder, can Declarations and Certificates be accepted for registration of marriage in India? Ker HC answers
Kerala High Court: While addressing a matter wherein an Indian Citizen intended to soleminse and register his marriage with a British Citizen,
Husband and Wife separated for more than 1 year. Will 6 months period be waived, if divorce is sought mutually under S. 28 of Special Marriage Act? Pune Family Court decides
Family Court No. 3, Pune: M.R. Kale, J., addressed a petition for divorce by mutual consent under Section 28 of the Special
Can ’emotionally dead’ marriage be dissolved in exercise of Art. 142 of Constitution: Read Supreme Court’s opinion
Supreme Court: The Division Bench of L. Nageswara Rao and B.R. Gavai, JJ., dissolved a marriage while exercising its jurisdiction under Article
Special Marriage Act, 1954: Too special to be constitutional
by Rakesh Behera†
All HC | “Cruel, unethical to force present generation to follow 150 yrs old customs, traditions which violate fundamental rights”: HC rules Publication of Notice of Intended Marriage under Special Marriage Act shall not be mandatory
“The society has an ever-changing phenomenon. It keeps changing with time as per its new needs, expectation and other changing aspects. The very purpose of law is to serve society as per its requirements; therefore, the law also keeps evolving with the changes in society.”
[Flashback] Ker HC | If a husband imputes infidelity and immorality on the part of his wife, would that amount to cruelty? Read How HC discusses applicability of S. 27 of Special Marriage Act
To marry or not to marry and if so whom, may well be a private affair. But, the freedom to break a
Gau HC | If a marriage is first solemnised under the Special Marriage Act and later upon conversion to Islam, marriage is again solemnised under Mohammedan Law: Which law will prevail for dissolution of marriage? Court to consider
Gauhati High Court: Achintya Malla Bujor Barua, J., addressed a matter wherein a marriage took place under the Special Marriage Act, but the
All HC | “Disconcerting that one party should change faith just for sake of matrimony and nothing more”: Read Court’s opinion on ‘religious conversion’ in light of matrimonial matters
Allahabad High Court: J.J. Munir, J., observed that, in matrimonial matters, it is disconcerting to note that parties change his/her faith to the
Maintenance of wife|Husband doesn’t have to pay maintenance in each of the proceedings under different Maintenance laws [Explainer on Supreme Court guidelines]
Supreme Court has framed guidelines on overlapping jurisdiction under different enactments for payment of maintenance, payment of Interim Maintenance, the criteria for determining the quantum of maintenance, the date from which maintenance is to be awarded, and enforcement of orders of maintenance.
Maintenance in matrimonial disputes| Supreme Court frames extensive guidelines; Resolves issue of overlapping jurisdiction under different Laws [Read Guidelines]
Supreme Court: The bench of Indu Malhotra* and R. Subhash Reddy, JJ has framed guidelines on the issue of maintenance of wife,