In a significant order clarifying the procedural nuances of matrimonial law, the Family Court has granted a decree of divorce to a couple whose marriage was registered under Chapter III of the Special Marriage Act (SMA). The Court accepted the contention that the nature of registration—whether a direct ceremony or a subsequent registration of an existing marriage—does not preclude the parties from seeking a dissolution of marriage under the Act.

Counsel’s Argument: Statutory Applicability of Section 28

Mr. Rahul Jagannathan, appearing for both the petitioners in the joint plea for mutual consent, addressed a crucial legal point regarding the maintainability of the petition.

The marriage in question had been registered under Chapter III of the Act (Registration of Marriages Celebrated in other forms), rather than being solemnized directly under Chapter II. Mr. Rahul Jagannathan argued that:

• Uniform Application: Once a marriage is registered under Section 15 (Chapter III) of the SMA, it is deemed to be a marriage solemnized under the Act for all intents and purposes as per Section 18.
• Availability of Remedies: Consequently, the parties are entitled to invoke Section 28 (Divorce by Mutual Consent), regardless of the fact that their marriage originally took place in a different form before being registered under the Special Marriage Act.
• Legal Deeming Fiction: He submitted that the “deeming fiction” created by the statute ensures that all reliefs—including divorce, maintenance, and custody—are available to couples who opt for registration under Chapter III.

Court’s Directions and Findings

The Court, after hearing the submissions and examining the registration certificate, concurred with the counsel’s legal position. The Bench noted that the Special Marriage Act serves as a secular code, and its remedial provisions apply squarely once a valid registration certificate is issued.

Key highlights of the Court’s direction:

• Validation of Procedure: The Court held that the petition for divorce by mutual consent was perfectly maintainable, brushing aside any procedural ambiguity regarding the Chapter under which the marriage was registered.
• Irretrievable Breakdown: Upon interacting with both parties, the Court found that they had been living separately for the requisite period and that their decision to part ways was voluntary and informed.
• Dissolution Decree: Finding no collusion between the parties and noting that all ancillary issues including alimony and property had been settled, the Court proceeded to dissolve the marriage.

Final Order

The Family Court allowed the petition and passed a decree of divorce, officially terminating the marital bond.

“The statutory mandate under Section 18 of the Special Marriage Act makes it clear that marriages registered under Chapter III are at par with those solemnized under Chapter II. Thus, the parties are well within their rights to seek a decree of divorce by mutual consent under this Act.”

The ruling reinforces the principle that the Special Marriage Act provides a robust legal framework for dissolution, irrespective of the initial form of the marriage ceremony, provided the registration under the Act is valid.

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