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VISHAL DHAGAT, ANURADHA SHUKLA
Ruchit Kulseja – Appellant
Versus
Sneha Wadhwani Kulseja – Respondent
JUDGMENT
Dhagat, J:-- 1. Appellant has preferred this appeal under section 19 of Family Courts Act, 1984 challenging judgment and decree dated 18.1.2024 passed by Third Additional Principal Judge, Family Court, Jabalpur in RCSA No. 180/2022, by which petition filed for grant of divorce under section 27 of Special Marriage Act, 1954 was dismissed.
2. Brief facts of the case are that appellant and respondent got their marriage registered on 10.6.2019 in Pune. After getting marriage certificate, parties also performed marriage on 10.11.2019 in accordance with Hindu rites and rituals. Trial Court framed singular issue, whether respondent treated appellant with cruelty which calls for dissolution of marriage between them. Trial Court did not answer said issue but dismissed petition for divorce on ground that appellant want divorce for marriage dated 10.6.2019, however, no relief of dissolution of marriage dated 10.11.2019 was prayed, which was performed according to Hindu rites and rituals.
3. Counsel appearing for appellant submitted that trial Court had committed an error of law in dismissing suit on aforesaid ground. If trial Court gave divorce in respect of marriage dated 10.6.2019, th
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.
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....
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.
A marriage between individuals of different religions is void if it is not registered under the Special Marriage Act after proper solemnization.
The substance of legal applications prevails over their form; incorrect nomenclature does not bar consideration if jurisdiction is proper.
The marriage was validly solemnized under the Special Marriage Act, and prolonged separation along with subsequent events renders the continuation of marital obligations impossible, invoking the doct....
Marriage as a social institution, as affirmed and recognised in legislation, reflects social and moral ideals followed in larger society.
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.
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