A marriage celebrated in other forms but registered under Chapter III of the Special Marriage Act, 1954 cannot be declared a nullity under the provisions of the Special Marriage Act, 1954 under Section 25 because of the effect of registration of such marriage read with Section 18 of the Act.

( 1 ) MY learned brother has dealt with the case fully. I agree that the appeal should be dismissed.

( 2 ) A Bhattachariee Brahmin couple, celebrated their marriage under Hindu form and rites. They thereafter registered their marriage under Chapter III of the Special Marriage Act, 1954, which contains the provisions of Sec. 15 onwards.

( 3 ) THE Court below dismissed the wife's application made under Section 25 of the said Special Marriage Act of 1954 for the annulment of the Hindu marriage by a decree of nullity,.

( 4 ) THE only question that calls for consideration is whether a marriage celebrated in other forms but registered under Chapter III of the Special Marriage Act, 1954 can be declared a nullity under the provisions of the Special Marriage Act. 1954 under Section 25 because of the effect of registration of such marriage read with Section 18 of the Act which says inter alia that the marriage shall "be deemed to be solemnized under this Act" referring thereby to the Special Marriage Act, 1954. According to the appellant, by the said deeming provision. the whole of the Special Marriage Act is made applicable even to all other forms of marriage and all the marriages celebrated in other forms, are thus to be deemed to be marriages solemnized under the Special Marriage Act, 1954.

( 5 ) WE are told that there is no decision on the point.

( 6 ) THE whole Act of 1954 has been very carefully considered by us specially all the sections in Chapter III, IV. V and VI thereof. The grounds of nullity in the Special Marriage Act are not exactly the same under the Hindu Marriage Act or under some other Acts. The deeming provision has been introduced in the Special Marriage Act for a special purpose. Specially Sections 19, 21, 24 and 42 of the Special Marriage Act, 1954, go against the main contention. In short, I may conclude that if this argument is accepted there would be severance of the members in the Hindu family where marriages were performed under Hindu rites succession to property would differ amongst the members and many other absurd results would occur. The repealing section is of no help to the appellant.

( 7 ) MY answer therefore is--Marriages celebrated in other forms of Marriage cannot be declared null or void under the provisions of the Special Marriage Act, 1954 though the marriages celebrated in other forms have been registered under the Special Marriage Act, 1954. Only remedy that is available to a spouse that the registration under the Special Marriage Act. 1954 might be declared to be of no effect if sufficient grounds exist therefor. The marriages celebrated in other forms would continue unless they are declared null and void under the provisions available under those forms of marriage and under the respective Marriage Acts. N. C. Mukherji, J.

( 8 ) THIS appeal arises out of a suit brought by the wife under Section 25 (1) (a) of the Special Marriage Act, 1954 which was dismissed by the learned Additional District Judge, 7th Court, Alipore.

( 9 ) THE appellant's case is that she was married with the respondent on the 6th, day of May. 1969, according to Hindu rites from the house of her maternal uncle at Kasba, On June 13. 1969 she and the respondent registered the marriage according to the provisions of the Special Marriage Act, 1954. It is alleged by her that owing to the wilful and continued refusal of the respondent the marriage has not been consummated. She has accordingly brought the suit for annulment of the marriage by a decree of nullity.

( 10 ) THE respondent did not appear and contest the suit though duly summoned. The learned Additional District Judge held that the petitioner's marriage with the respondent which was celebrated in other form cannot be annulled by a decree of nullity under Section 25 (1) of the Special Marriage Act.

( 11 ) BEING aggrieved by the aforesaid judgment and decree the wife has come up before this Court in appeal. In this Court also no one appeared on behalf o