1. An important question of law has arisen for consideration in this case as to whether the parties married under the Special Marriage Act, 1954 can be permitted to challenge jurisdiction of the Family Court to entertain and try a petition for dissolution of marriage under the Special Marriage Act.

2. The petitioner and the respondent got married under the Special Marriage Act, 1954 on 20th August, 1998. On 29th September, 2014, the respondent instituted a petition for divorce against the petitioner under Section 27(1) (a) (b) and (d) of the Special Marriage Act, 1954. The Certificate of Marriage under the Special Marriage Act was filed by the respondent along with the petition.

3. The petitioner filed the written statement dated 6th April, 2015 in which he admitted that the marriage was solemnized under the Special Marriage Act on 20August, 1998. The petitioner further admitted that the respondent was Hindu at the time of the marriage.

4. On 18th November, 2015, the petitioner filed an application under Order 6 Rule 17 of the Code of Civil Procedure for amendment of the written statement to challenge the maintainability of the divorce petition under the Special Marriage Act