Constitution of India, Article 226 – Writ Jurisdiction – Petition filed seeking directions for issuance of corrected Marriage Certificate after rejection of visa application by German Embassy – Court held that Marriage Certificate issued under Special Marriage Act, 1954 is conclusive evidence of legality and solemnity of marriage – Any irregularity in residence period cannot render marriage void unless covered under Section 24 of the Special Marriage Act, 1954 – Petition disposed of with observations (Para 4, 5, 6, 7)

Special Marriage Act, 1954, Section 5 – Requirement of Residence – Non-compliance with continuous 30-day residence period before marriage registration – Held that such irregularity does not invalidate the marriage – Marriage remains valid unless declared void under specific provisions of Section 24 (Para 4)

Special Marriage Act, 1954, Section 13 – Certificate of Marriage – Marriage Certificate issued by Registrar is conclusive evidence of marriage’s legality and formal compliance – No authority can disregard or refuse to recognize it unless set aside by competent court (Para 5, 6)

Marriage Certificate dated 23 November 2023 is legal and valid. Any irregularity in residence requirement under Section 5 does not void the marriage unless conditions under Section 24 are met. Marriage Certificate is conclusive evidence of the solemnity and legality of marriage until set aside by a competent court. Petition disposed of without costs.

Subjects:

Special Marriage Act 1954, Marriage Certificate Validity, Conclusive Evidence, Void Marriage, Residence Requirement, Section 5, Section 13, Section 24

Facts:

1. Nature of Litigation: Writ petition under Article 226 of the Constitution of India.

2. Relief Sought: Petitioner sought issuance of corrected Marriage Certificate.

3. Reason for Filing: Rejection of visa application by German Embassy due to alleged invalidity of Marriage Certificate.

4. Previous Decisions: No adverse findings by any other court; issue raised directly in writ petition.

Issues:

a) Whether non-compliance with the 30-day residence requirement under Section 5 of the Special Marriage Act renders the marriage void. b) Whether the Marriage Certificate issued under the Special Marriage Act is conclusive evidence of the legality and validity of marriage.

Submissions/Arguments:

• Petitioner: Claimed that the Marriage Certificate should be corrected due to residence requirement irregularity.

• Respondents: Argued that the Marriage Certificate remains valid and cannot be disregarded without a legal declaration of nullity.

Ratio Decidendi:

• Section 5’s residence requirement is a procedural formality; non-compliance does not inherently void marriage.

• Section 13 deems Marriage Certificate conclusive evidence unless legally annulled.

• Section 24 specifies limited grounds for voiding a marriage, not applicable in this case.