In a judgment delivered yesterday, the Supreme Court observed that there is no limitation period under the Special Marriage Act, 1954 for presenting a petition to declare a “void marriage”, in terms Section 24, a nullity..This can be gleaned from a combined reading of Section 4 and Section 24 of the Special Marriage Act. Section 4 deals with pre-conditions for the solemnisation of marriages under the Act. Among other pre-conditions, this provision lays down that no marriage can be solemnised if either party has a living spouse at the time of the proposed marriage..Section 24 deals with void marriages. As per this section, if any of the pre-conditions laid down in Section 4 are violated, the marriage would be void. Any aggrieved party may also present a petition to declare such a marriage a nullity..The Bench of Justices L Nageswara Rao and MR Shah has now clarified that a petition to declare such a marriage, which violates Section 4 of the Act, as a nullity may be presented at any time. The Bench pointed out,
In a judgment delivered yesterday, the Supreme Court observed that there is no limitation period under the Special Marriage Act, 1954 for presenting a petition to declare a “void marriage”, in terms Section 24, a nullity..This can be gleaned from a combined reading of Section 4 and Section 24 of the Special Marriage Act. Section 4 deals with pre-conditions for the solemnisation of marriages under the Act. Among other pre-conditions, this provision lays down that no marriage can be solemnised if either party has a living spouse at the time of the proposed marriage..Section 24 deals with void marriages. As per this section, if any of the pre-conditions laid down in Section 4 are violated, the marriage would be void. Any aggrieved party may also present a petition to declare such a marriage a nullity..The Bench of Justices L Nageswara Rao and MR Shah has now clarified that a petition to declare such a marriage, which violates Section 4 of the Act, as a nullity may be presented at any time. The Bench pointed out,