Minor irregularities can’t render special marriage void: HC

MUMBAI: In an important ruling, the Bombay high court on Friday held that a special marriage cannot be termed void owing to minor irregularities such as one of the parties not residing within the jurisdiction of the concerned Registrar of Marriages for a continuous period of 30 days preceding notice of marriage.

“On such irregularity, the marriage cannot be rendered or labelled to be a void marriage, for the reason that the categories of void marriages are set out in section 24 of the Special Marriage Act,” the division bench of justices GS Kulkarni and Advait Sethna said while delivering the verdict on petition filed by Thane resident Priyanka Bannerji.

Banerji had approached the high court after the German embassy on January 8 rejected her Visa application, claiming that the marriage certificate dated November 23, 2023 issued to her and her spouse Rahul Verma could not be accepted as a valid document on account of non-compliance with section 5 of the Special Marriage Act, 1954.

Section 5 requires parties to a marriage to give at least 30 days’ notice to the marriage officer of the district where one of the parties has resided continuously for the preceding 30 days.

In Banerji’s case, the German embassy opined that the marriage certificate could not have been issued and the marriage was void as one of parties did not reside for 30 continuous days within the marriage officer’s jurisdiction preceding the notice.

The high court, however, differed with the embassy, saying under section 13(2) of the Special Marriage Act, a certificate issued by the marriage officer was “deemed to be conclusive evidence” of solemnisation of the marriage and compliance with other legal requirements.

“The law would not permit any person or authority to discard or not to give effect to such marriage certificate,” the division bench said, declaring the marriage certificate issued to Banerji and her spouse legal and valid.