AI Overview...
- Section 27 of the Special Marriage Act, 1954 - Main points and insights:
- Section 27 provides the legal framework for transferring civil proceedings related to marriage, including divorce cases, between courts (e.g., from family courts to other courts) SANDHYA SHANI @ SANDHYA BHASKAR Versus THE MARRIAGE OFFICER, (UNDER SPECIAL MARRIAGE ACT), SUB REGISTRY OFFICE - Kerala, Sapna Agarwal VS Om Prakash Jalan - Rajasthan, Chistopher Andrew Neelakantan VS Mrs. Anne Neelakantan - Rajasthan, SONIYA.S vs LIJO M.JOSE - Kerala.
- It also addresses grounds for divorce under the Act, such as cruelty, desertion, and mutual consent, with specific provisions like Sec. 27(1)(d) allowing divorce on grounds of cruelty X VS Y - Kerala, Metla Prabhakara Rao VS Anne Hemalatha - Andhra Pradesh.
- The section emphasizes the importance of convenience, proximity, and the proper jurisdiction for hearing cases, ensuring justice is accessible and efficient Sapna Agarwal VS Om Prakash Jalan - Rajasthan, SONIYA.S vs LIJO M.JOSE - Kerala.
- Section 27 also intersects with other laws, such as the Divorce Act, 1869, and the Foreign Marriage Act, 1969, especially concerning foreign marriages and jurisdictional issues Joyce Sumathi VS Robert Dickson Brodie - Andhra Pradesh.
- Analysis and Conclusion:
- Section 27 of the Special Marriage Act is a critical provision facilitating the transfer and adjudication of marriage-related disputes, including divorce, by enabling courts to consider factors like convenience and jurisdiction.
- It also explicitly recognizes grounds for divorce, notably cruelty and desertion, providing a legal basis for dissolving marriages under specified circumstances.
- The section’s provisions ensure flexibility, efficiency, and fairness in handling matrimonial cases, accommodating cases involving foreign marriages and cross-jurisdictional issues SANDHYA SHANI @ SANDHYA BHASKAR Versus THE MARRIAGE OFFICER, (UNDER SPECIAL MARRIAGE ACT), SUB REGISTRY OFFICE - Kerala, Sapna Agarwal VS Om Prakash Jalan - Rajasthan, Metla Prabhakara Rao VS Anne Hemalatha - Andhra Pradesh.
Search Results for "Special Marrige Act Sec 27"
2024 Supreme(Online)(KER) 1556 • India - High Court of Kerala
P. G. Ajithkumar, J
The above writ petition is filed with following prayers : i) “To issue a writ of mandamus or any other appropriate writ or order or direction, directing the 1st respondent to dispense with personal appearance of the petitioner's husband for exhibiting notice U/s 15 of the Special
2025 Supreme(Online)(Cal) 4768 • India - Calcutta High Court
Bibhas Ranjan De, J
Special Marriage Act, 1954 so as to constitute a ground for divorce. ... It is not in dispute that the marriage between the parties took place on 24th November, 2006 under the Special Marriage Act, 1954 . The marriage was duly consummated and a female child namely, Kaustubhi Sarkar was born from the wedlock. ... We have considered the objections raised by the respondent to the application filed under Order XLI, R.27, CPC keeping in....
2008 0 Supreme(Raj) 1234 • India - Rajasthan
TARUN CHATTERJEE, G.S.SINGHVI
C.P.C., Sec. 25 and Special Marriage Act, 1954, Sec. 27(a)(b) and (d) and Hindu Marriage Act, 1955, Sec. 13(1) — Transfer of case ... nbsp; fl-iz-la-] /kkjk 25 ,oa foks"k fookg vf/kfu;e] 1954] /kkjk 27¼d½¼ ... —This is an application for transfer of Civil Proceeding No. 549 of 2006, filed under Section 27(a), (b) and (d) of the Special Marriage Act, 1954 read wi....
1982 0 Supreme(AP) 30 • India - Andhra Pradesh
K.MADHAVA REDDY, RAMANUJULU NAIDU
FOREIGN MARRIAGE ACT, 1969, Secs. 17 and 18 read with Sec. 27 of the Special Marriage Act, 1954 - Marriage solemnised in a Foreign ... is a citizen of India can maintain a petition for divorce under Sec. 27 of the Special Marriage Act. ... granting matrimonial relief s under the special Marriage Act. 1954 not....
2021 0 Supreme(Ker) 1126 • India - Kerala
A.MUHAMED MUSTAQUE, KAUSER EDAPPAGATH
Divorce - Cruelty - Special Marriage Act, 1954 - Sec.27(1)(d) Fact of the Case: The case involves a short-lived marital ... Ratio Decidendi: The Court applied Sec.27(1)(d) of the Special Marriage Act, 1954, which allows divorce on the ground of cruelty ... disinterest in the marriage and the wife's emotional abuse contributing to the discord. ... The disinterest in the marriage....
2007 0 Supreme(Raj) 198 • India - Rajasthan
SHIV KUMAR SHARMA, VINEET KOTHARI
Special Marriage Act, 1954, Sec. 27 – Desertion and cruelty – Scope – Not recording complete statement – Held – A peculiar system ... of recording oral evidence envisaged in Sec. 15 for minimising time for delivery of justice – Not necessary to record the evidence ... technicalities and easy to understand – This way recording of evidence is made simple and concise to minimise delay in court – Marriage ... The appellant husband has been thoroughly dissatisfied with his....
2008 0 Supreme(UK) 471 • India - Uttarakhand
C.K.THAKKER, D.K.JAIN
Special Marriage Act, 1954, Sec. 37(1) — Expressions 'Maintenance' and 'Support' — Scope and amplitude of — Reading the scheme ... of the Act — It is clear that, a wife is entitled to maintenance and support — These two terms — Comprehensive in nature and of ... ... (Paras 22, 23, 24, 25, 26, 27, 30) ... ... The Special Marriage Act, 1954, as stated in the Preamble, provides a special form of #HL_ST....
1993 0 Supreme(AP) 416 • India - Andhra Pradesh
G.RADHA KRISHNA RAO, P.RAMAKRISHNAM RAJU
SPECIAL MARRIAGE ACT, Sec. 27(1) (b) - Husband filed Application for dissolution of marriage - Desertion by wife for continuous period ... It is no doubt well settled that where the first marriage is valid and subsisting second marriage shall be a nullity. ... ... ( 2 ) THE said petition was filed for dissolution of marriage under Sec. 27 (l) (b) of the Special Marriag....
2018 Supreme(Online)(Ker) 75309 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
ALEXANDER THOMAS, J
(A) Special Marriage Act, 1954 - Section 27(d) - Divorce Act, 1869 - Section 10(1)(x) - Transfer of proceedings between family courts ... (Paras 10-14) ... ... (B) Jurisdiction - Special provisions of law construed with general provisions ... disputes - Court held that proximity and convenience of the wife warranted transfer - Husband's claim for divorce filed under Divorce Act ... .27(d) of the Special Marriage ....
1959 0 Supreme(Raj) 53 • India - Rajasthan
MODI
(b) Special Marriage Act, 1954—Extent and scope of Act. ... between parties admitted to be married, or the status of either of such parties arising from their being married, on account of some act ... —This is a miscellaneous first appeal against an order of the learned District Judge, Jodhpur, dated the 2nd December, 1958, under sec. 39 of the Special Marriage Act, 1954, (No. ... between the parties was not solemnized within the ju....
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