In a landmark decision on Friday, the Bombay High Court declared that minor procedural irregularities are insufficient grounds to deem a special marriage void, offering relief to couples facing bureaucratic challenges in validating their marital status.
The division bench, comprised of Justices GS Kulkarni and Advait Sethna, delivered the judgment in favor of Priyanka Banerji, a Thane resident whose marital status was under scrutiny. Banerji faced complications when the German embassy rejected her visa application on January 8, citing the marriage certificate issued on November 23, 2023, as invalid. The embassy’s decision was based on an alleged non-compliance with Section 5 of the Special Marriage Act, 1954, which mandates that parties to a marriage must notify the marriage officer in the district where at least one of them has resided continuously for 30 days prior to the notice.
The case arose from the embassy’s assertion that Banerji’s marriage to Rahul Verma was void because one of the parties had not met the residence requirement within the jurisdiction of the concerned marriage officer before issuing the notice of marriage.*
Contradicting the embassy’s stance, the High Court emphasized that under Section 13(2) of the Special Marriage Act, a certificate issued by a marriage officer is to be considered “conclusive evidence” of the marriage’s solemnization and adherence to legal stipulations. The court asserted that such certificates should not be disregarded or invalidated by any person or authority based on minor procedural discrepancies.
The ruling clarified that the categories of void marriages are specifically outlined in Section 24 of the Special Marriage Act, and minor deviations from procedural requirements do not automatically nullify a marriage.
