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2026 Supreme(Online)(Kar) 21632

THE HIGH COURT OF KARNATAKA
DR.K.MANMADHA RAO
SMT. RATHNA P – Appellant
Versus
SRI. CHIKKAMANCHAIAH S M – Respondent


Judgement Key Points

Key Points: - The petition challenges an order rejecting I.A. under Section 15 of the Special Marriage Act, noting marriage not registered under the Act (!) (!) - Court observes that Section 15 prescribes conditions for registration but does not declare registration compulsory; Section 27 allows divorce petitions without requiring registration (!) (!) (!) - Family Court held registration not mandatory for filing for divorce; contention that registration could confer benefits under Section 18 if registered (!) - Petitioner argues that registration is directory, not mandatory, and failure to register affects multiplicity of proceedings; reliance on Calcutta High Court decision (Amitava Bhattacharya) (!) (!) (!) (!) - Court reiterates that there is no provision in the Act making divorce petition non-maintainable if marriage is not registered (!) - The court dismisses the writ, upholding the Family Court’s order and rejecting I.A. under Section 15 (!) (!)

What is the effect of Section 15 of the Special Marriage Act on registration of marriage and maintainability of divorce petitions where marriage is not registered?

What is the scope of Section 27 of the Special Marriage Act regarding divorce petitions without mandatory registration, and whether non-registration affects jurisdiction or maintainability?

How does the Karnataka High Court interpret the relationship between non-registration and the availability of remedies under the Special Marriage Act versus other Acts?


THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION/S IN THE NATURE OF CERTIORARI SETTING ASIDE THE IMPUGNED ORDER DATED 26.06.2025 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC, KANAKAPURA, IN M.C. NO.18/2024, VIDE ANNEXURE-A AND ETC.

THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 16.03.2026 AND COMING ON FOR PRONOUNCEMENT, THIS DAY, THE COURT MADE THE FOLLOWING:

CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

CAV ORDER

This Writ Petition is filed under Article 227 of the Constitution of India, by the petitioner, challenging the Order on I.A.No.I dated 26.06.2025 passed by the Court of Senior Civil Judge and JMFC, Kanakapura, in M.C.No.18/2024, rejecting I.A.No.I filed by the respondent under Section 15 of Special Marriage Act.

2. Petitioner-wife before this Court is the respondent and Respondent-husband before this Court is the petitioner before the Family Court.

Brief facts of the case are as under:

3. The marriage between the petitioner-wife and respondent-husband was solemnized on 30.04.2006 at Samudaya Bhavan, Kabbalu, Kanakapura taluk, according to community and customary rites. The marriage was

never solemnized under

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