Validity of Marriage Certificate Under Special Marriage Act Upheld by Court.
28 February 2025
Marriage Law >> Family Law
This petition, filed under Article 226 of the Constitution of India, challenges the rejection of the petitioner Priyanka Tarapad Bannerji's visa application by the German Embassy, which cited the invalidity of her marriage certificate. The German Embassy claimed that the marriage certificate, issued on 23 November 2023, was invalid because the residence requirement of 30 days, as per Section 5 of the Special Marriage Act, 1954, was not met. The petitioner requested the issuance of a corrected marriage certificate.
The court ruled that the marriage certificate issued under the Special Marriage Act was valid and could not be disregarded or deemed void due to a minor irregularity in the residence requirement. The court clarified that such irregularities do not affect the legality or solemnity of the marriage. The petitioner's marriage certificate remains legal and valid until challenged by a competent authority or court. Therefore, the court concluded that the petitioner had no valid grievance and disposed of the petition.
Section 5, Special Marriage Act - 1954
Section 226, Constitution of India - 1950