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M. NIRMAL KUMAR
Golda – Appellant
Versus
M. Harikumar – Respondent
ORDER :
The petitioner/estranged wife of the respondent filed petition before the learned Principal District and Sessions Judge, Vellore under Section 27(1)(d) of the Special Marriage Act, 1954 seeking dissolution of the marriage between the petitioner and the respondent which took place on 19.06.2013 on the ground of cruelty. The divorce petition was returned with the following endorsement:
(ii) Petition document No.22 has to be furnished, (iii)Petition document No.23 necessary Court fee to be affixed.”
Against which, the present civil revision petition filed by the petitioner.
2. The learned counsel for the petitioner submitted that it has been mentioned clearly in the petition that both the petitioner and respondent belong to Christian Community and there is no legal embargo to entertain the petition under the Special Marriage Act, 1954. As per Section 15 of the Special Marriage Act, 1954, may be registered under this Chapter by marriage officer in the territories. Thus, the Principal District and Session
The court clarified that a divorce petition can be filed under the Divorce Act, 1869, even if the marriage is registered under a different act, provided one party is domiciled in India.
A marriage under the Special Marriage Act cannot be registered without proof of divorce; however, Muslim personal law does not require a court decree for divorce.
Marriage between parties of different religions is null and void if not registered under the Special Marriage Act, regardless of the customs followed during the ceremony.
Marriage – Marriage under Hindu Law with Hindu customs and rites and ceremonies is not permissible between a Christian and a Hindu – A person of Hindu faith, who wishes to marry a non-Hindu, such mar....
A marriage between individuals of different religions is void if it is not registered under the Special Marriage Act after proper solemnization.
Civil – Foreign matrimonial decree – Foreign judgment can be recognized in India only if jurisdiction assumed by foreign court as well as grounds on which relief is granted are in accordance with mat....
The substance of legal applications prevails over their form; incorrect nomenclature does not bar consideration if jurisdiction is proper.
Marriage as a social institution, as affirmed and recognised in legislation, reflects social and moral ideals followed in larger society.
Foreign matrimonial judgment can be recognized in India only if jurisdiction assumed by foreign court as well as grounds on which relief is granted are in accordance with matrimonial law under which ....
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