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G. S. KULKARNI, ADVAIT M. SETHNA
Priyanka Tarapad Bannerji – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
This petition under Article 226 of the Constitution of India is filed in the light of the letter dated 08 January 2025 as received by the petitioner-Priyanka Tarapad Bannerji from the German Embassy rejecting her visa application. The ground on which such application was rejected, was that Marriage Certificate dated 23 November 2023 issued to the petitioner and her spouse Mr. Rahul Verma was not accepted to be a valid document, for the reason of non-compliance of the period of 30 days of the residence, as provided under Section 5 of the Special Marriage Act, 1954, (for short, “the Special Marriage Act”). It was hence opined that such certificate could not have been issued and the marriage of the petitioner as certified in such marriage certificate would be void.
2. In these circumstances, it is the prayer of the petitioner that appropriate directions be issued, that now as the petitioner is in India since October 2024, a corrected Marriage Certificate be issued.
3. We cannot accept the plea of the petitioner that the Marriage Certificate dated 23 November 2023 issued to the petitioner and her spouse-Mr. Rahul Verma is illegal and/or the marriage as solemnized between the p
Marriage Certificate – Once Marriage Certificate is issued to parties under Special Marriage Act, it is conclusive evidence of legality and solemnity of marriage until it is set aside for any valid r....
Certificate of marriage – Authorities cannot deny request of petitioners to include date of celebration of marriage in marriage certificate.
The court ruled that marriages solemnized outside India involving an Indian citizen must be registered under the Foreign Marriage Act, not the Special Marriage Act.
Annulment of marriage – Certificate of marriage issued by competent authority, is conclusive proof of marriage.
Hindu marriage – Unless and until marriage is performed with appropriate ceremonies and in due form, it cannot be said to be solemnised – Certificate of marriage is a proof of validity of Hindu marri....
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