Marriage Under Special Marriage Act Not Void Due To Non-Compliance With Residency Requirement: Bombay High Court
The Court made the observation in a petition filed by Priyanka Bannerji, who challenged the German Embassy’s decision to reject her visa application on the grounds that her marriage to Rahul Verma, solemnized on November 23, 2023, was not legally valid due to non-compliance with the residency requirement under Section 5 of the Act.
The Bombay High Court has ruled that a marriage duly certified under the Special Marriage Act, 1954, cannot be deemed illegal or void solely because one of the spouses did not comply with Section 5 of the Act, which mandates a 30-day residency requirement in the district where the marriage is registered.
The Division Bench of Justice Girish Kulkarni and Justice Advait Sethna held that once a marriage certificate is issued by the Registrar of Marriages under the Act, it serves as conclusive evidence of the legality of the marriage unless quashed by a court of law.
“In our clear opinion, any irregularity in one of the parties to the marriage not residing for a continuous period of 30 days cannot, in any manner, affect the validity of the marriage as reflected in the marriage certificate. Such irregularity does not render the marriage void,” the Bench stated.
The Court pointed out that the criteria for declaring a marriage void or illegal are specifically outlined in Section 24 of the Act. It further emphasized that a legally issued marriage certificate must be recognized and enforced unless set aside by a competent authority.
The Court made the observation in a petition filed by Priyanka Bannerji, who challenged the German Embassy’s decision to reject her visa application on the grounds that her marriage to Rahul Verma, solemnized on November 23, 2023, was not legally valid due to non-compliance with the residency requirement under Section 5 of the Act. The embassy’s order, dated January 8, 2025, had questioned the legality of the marriage.
Examining the issue, the Court referred to Section 13 of the Special Marriage Act, which states that once a marriage is solemnized, the Marriage Officer must enter a certificate in the Marriage Certificate Book, which serves as "conclusive evidence" of the legality of the marriage.
“The marriage certificate issued to the petitioner and her spouse remains valid and fully recognized under Indian law. There can be no other interpretation,” the bench asserted.
With these observations, the Court disposed of the petition, reinforcing the legal sanctity of marriage certificates issued under the Special Marriage Act.
Cause Title: Priyanka Tarapad Bannerji & Anr. v. The State of Maharashtra & Ors. [Neutral Citation No. 2025:BHC-AS:9612-DB]
Appearance:-
Petitioner: Advocates Pankaj Jain, Pradeep Purohit
Respondent: Assistant Government Pleader VR Raje
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