Matrimonial reliefs to be under special marriage Act, 1954

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Matrimonial reliefs to be under special marriage Act, 1954

Matrimonial reliefs to be under special marriage Act, 1954

  • Subject to the other provisions contained in this section, the provisions of Chapters IV, V, VI and VII of the Special Marriage Act, 1954, shall apply in relation to marriages solemnized under this Act and to any other marriage solemnized in a foreign country between parties of whom one at least is a citizen of India as they apply in relation to marriages solemnized under that Act.

Explanation.-In its application to the marriages referred to in this sub-section, section 24 of the Special Marriage Act, 1954, shall be subject to the following modifications, namely:-

  • the reference in sub-section (1) thereof to clauses (a), (b), (c) and (d) of section 4 of that Act shall be construed as a reference to clauses (a), (b), (c) and (d) respectively of section 4 of this Act, and
  • nothing contained in section 24 aforesaid shall apply to any marriage-
    a) which is not solemnized under this Act; or
    b) which is deemed to be solemnized under this Act by reason of the provisions contained in section 17: Provided that the registration of any such marriage as is referred to in sub-clause (b) may be declared to be of no effect if the registration was in contravention sub-section (2) of section 17.

 

  • Every petition for relief under Chapter V or Chapter VI of the Special Marriage Act, 1954, as made applicable to the marriages referred to in sub-section (1), shall be presented to the district court within the local limits of whose ordinary civil jurisdiction-
    a) the respondent is resident at the time of the presentation of the petition; or
    b) the husband and wife last resided together; or,
    c) the petitioner is residing at the time of the presentation of the petition, provided that the respondent is at that time residing outside India.

 

Explanation.- In this section, “district court” has the same meaning as in the Special Marriage Act, 1954.

  • Nothing contained in this section shall authorise any court-
    • to make any decree of dissolution of marriage, except where-
      a) the parties to the marriage are domiciled in India at the time of the presentation of the petition ; or
      b) the petitioner, being the wife, was domiciled in India immediately before the marriage and has been residing in India for a period of not less than three years immediately preceding the presentation of the petition;
    • to make any decree annulling a voidable marriage, except where-
      a) the parties to the marriage are domiciled in India at the time of the presentation of petition; or
      b) the marriage was solemnized under this Act and the petitioner, being the wife, has been ordinarily resident in India for a period of three years immediately preceding the presentation of the petition;
    • to make any decree of nullity of marriage in respect of a void marriage, except where
      a) either of the parties to the marriage is domiciled in India at the time of the presentation of the petition, or
      b) the marriage was solemnized under this Act and the petitioner is residing in India at the time of the presentation of the petition
    • to grant any other relief under Chapter V or Chapter VI of the Special Marriage Act, 1954, except where the petitioner is residing in India at the time of the presentation of the petition.

 

  • Nothing contained in sub-section (1) shall authorise any court to grant any relief under this Act in relation to any marriage in a foreign country not solemnized under it, if the grant of relief in respect of such marriage (whether on any of the grounds specified in the Special Marriage Act, 1954, or otherwise) is provided for under any other law for the time being in force.

Author: SAMEER AFZAL ANSARI,
GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY , THIRD YEAR , SIXTH SEMESTER , BACHELORS OF ARTS AND BACHELORS OF LEGISLATIVE LAWS

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