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1974 Supreme(Cal) 192

LAIK, N.C.MUKHERJI
LAGNA BHATTACHARJEE – Appellant
Versus
SHYAMAL BHATTACHARJEE – Respondent


Advocates Appeared:
Dilip Kumar Seth, KANAN KUMAR GHOSH, MANINDRA NATH GHOSH, SATYENDRA PROSAD SEN

LAIK, J.

( 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 marria












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