Important Case Laws on Special Marriage Act 1954
1. Deepti Rajan v. Rajasekhar, 2016 (1) KLT 470
If a valid marriage is established between the spouses on a particular date, a second marriage between the same parties will become insignificant for the purpose of establishment of a legal relationship under the marital tie.
2. Prabir Chandra Chatterjee v. Kaveri Guha: AIR 1987 Cal 191
The wife had filed a petition for divorce labelling it as both under under Section 13 of the Hindu Marriage Act, 1955 and Section 27 of the Special Marriage Act, 1954. In that case, the marriage between the parties was first solemnised according to Hindu rites under the Hindu Marriage Act, 1955 and it was thereafter also registered under Section 13 of the Special Marriage Act, 1954.
3. Stephen Joshus v. J.D. Kapoor, 58 (1995) DLT 57
The parties were Christians who had been married to each other under the provisions of the Indian Christian Marriage Act, 1872. A joint petition was preferred by them under Section 28 of the Special Marriage Act, 1954 seeking the dissolution of marriage by a decree of divorce by mutual consent. The trial court dismissed the petition on the ground that the marriage was solemnised under the Christian Marriage Act whereas divorce had been sought under the Special Marriage Act and therefore, the petition was not maintainable.
4. Prakash Martin Tegur v. Joyce Samuel, ILR 2013 Karnataka 793
The parties were Christians and their marriage was solemnized as per the Christian rites and it was registered under the provisions of the Indian Christian Marriage Act, 1872. A joint petition for divorce was filed by the parties under Section 28 of the Special Marriage Act, 1954. The Karnataka High Court held that when the parties are Christians and their marriage has been solemnized as per the Christian rites and registered under the Indian Christian Marriage Act, petition filed invoking the provisions of the Special Marriage Act, 1954 for dissolution of their marriage was not maintainable.
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