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neeraj-justwin · 5 months

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Section 15 - Special Marriage Act 1954 - Conditions for applying for Registration of Marriages (Part 1)

#specialmarriageact #MatrimonialLaws #justwinlawassociates #ngpa #HinduMarriageAct #HinduMarriageLaw #Section15 #Groundofcourtmarriage #courtmarriage

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leadindia011 · 8 months

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We delve deep into the recent Supreme Court ruling on Same Sex Marriage and its impact on the Special Marriage Act. Join us as we decode the intricacies of this landmark decision and explore the significant ramifications it holds for individuals and society as a whole. With insightful analysis and expert opinions, we shed light on the legal framework surrounding same-sex marriages and how it intertwines with the existing provisions of the Special Marriage Act.

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seemabhatnagar · 9 months

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Cooling period waived off by the Court

No point in prolonging marriage when considerable thought is given by married couple on living together or parting ways.

Family Court Bengaluru rejected waiving off application of the couple presented mutually before the Court. However, High Court of Karnataka at Bengaluru appreciated the facts and allowed waiving off cooling period.

Appellants: Sharath Mamani & Kavyashree T M

Miscellaneous First Appeal (MFA)3125 of 2023

Before High Court of Karnataka at Bengaluru

This is the case where Vith Additional Principal Judge Family Court Bengaluru rejected the Divorce Petition filed on 24.02.2023 by Mutual Consent by the Appellants under Special Marriage Act in March 2023. Aggrieved by the rejection of their petition, Miscellaneous First Appeal was preferred by the Appellants before High Court of Karnataka at Bengaluru.

Facts

Marriage was solemnized between the Appellants & registered on 16.11.2022 under Special Marriage Act between the appellants. The appellants are Engineer by profession. Immediately after marriage they realized that they are not compatible, have strong likes and dislikes & they could not find any amicable solutions for their differences. Efforts were made by the appellants and their respective family members to resolve the dispute & to unite the appellants, but all efforts went in vain and the appellants decided to live separately.

The appellant filed application under section 28(2) of the Special Marriage Act seeking exemption from one year cooling period on the ground that the Divorce petition is filed by mutual consent.

Observation of the Hon’ble Court

The very object of providing cooling period for filing of the petition and further period of six months from the date of filing the petition is to see that the parties to the proceeding can change their mind and resolve their differences, if after a period of six months, the parties decide to go ahead with divorce, make a motion before the jurisdictional Court in that situation the case is decided on its merits.

The Hon'ble Supreme Court has clearly held that the period mentioned in the statute is not mandatory but it is a directory in nature, however, the Courts while exercising the discretion is required to look into the facts and circumstances of each case as to whether the parties to the proceedings are likely to reunite and resume the cohabitation or in the alternate proceed to consider the case on its merits.

The pleadings in the petition as well as the application for seeking waiver of cooling period makes it clear that the parties have realized that their personality differences are found and there are strong likes and dislikes, despite making best efforts to reconcile, they have decided to part away from the institution of marriage without making any allegation or claims against each other.

The parties as well as the family members have tried their best to bring reunion between the appellants, however, their efforts went in vain.

The parties are in the age group of35-37 & they had averred that they intend to concentrate on their career and decided to move on in their respective life.

The decision of the appellants is conscious decision and the parties are quite mature about the consequences of the said decision.

The possibilities of reconciliation between the appellants are bleak.

It would be appropriate to exercise discretion for waiving off the cooling period by permitting the appellants to move the petition for dissolution of marriage by mutual consent.

It would not be appropriate for the parties to wait unnecessarily for a further period. Any further period would only add to their agony.

Hence, in the interest of justice, it would be appropriate to waive off the statutory period by directing the Family Court to consider the case of the appellants for dissolution of marriage by mutual consent on its merits and in accordance with law.

Order

Hon’ble Mr. Justice G Narender J & Hon’ble Mr. Justice Vijaykumar A Patil J allowed MFA on August 10, 2023 setting aside the order of the Family Court also allowed Interim application for waiving off the statutory period of 01-year cooling period as contemplated u/28 of the Special Marriage Act.

Hon’ble Court directed the Family Court to consider the application of the appellants on its merits and in accordance with law and pass appropriate order.

Seema Bhatnagar

#specialmarriageact #divorcebymutualconsent #wavingoffcoolingperiod #familycourtbengaluru #highcourtofkarnatakaatbengaluru #reconciliationfailed #considerablethought #marrieddcouples

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acropolismediainc · 1 year

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'इंटरनेशनल विमेंस डे' पर केरल के कासरगोड जिले में हुई एक शादी चर्चा का विषय बनी हुई है, जहां अपनी बेटियों के भविष्य को सुरक्षित करने के लिए एक कपल ने निकाह के 29 साल बाद फिर से शादी रचाई. मीडिया रिपोर्ट्स के अनुसार, यह शादी अभिनेता और वकील सी शुक्कुर ने की है. शुक्कुर की पत्नी शीना महात्मा गांधी विश्वविद्यालय की पूर्व वाइस चांसलर हैं. दोनों ने साल साल 1994 में निकाह किया था. अब चूंकि शरिया कानून के अनुसार बेटियों को संपत्ति में बराबर अधिकार नहीं मिलता. बेटियों को अपने पिता की संपत्ति का सिर्फ दो-तिहाई हिस्सा मिलता है. इसलिए कपल ने 8 मार्च 2023 को दोबारा से शादी रचा ली है. शुक्कुर ने यह शादी अपनी तीन बेटियों की आर्थिक सुरक्षा के लिए विशेष विवाह अधिनियम के तहत की है. ताकि उनकी बेटियों को भविष्य में उनके पिता की सारी जायदाद मिल सके. गौरतलब हो कि शुक्कुर ने साल 2022 में आई फिल्म ‘नना थान केस कोडू’ में वकील की भूमिका निभाई थी.. #SpecialMarriageAct #Shukkur #Kerala #KeralaStory #TheIndianness #AnokhaBhaarat #InspiringIndian #WomenRight #DaughtersRight #InspiringStories #InterestingStory #Kasargoda #SuperStree #IndianHistory #IndianStories https://www.instagram.com/p/CppFhjGJiz4/?igshid=NGJjMDIxMWI=

#specialmarriageact #shukkur #kerala #keralastory #theindianness #anokhabhaarat #inspiringindian #womenright #daughtersright #inspiringstories #interestingstory #kasargoda #superstree #indianhistory #indianstories

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myadvo · 6 years

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Legal, illegal, they all follow a rule; trust an expert before you make a move. You can visit us at: https://goo.gl/4htMeU or You can Call us at +91-9811782573

#Jammu #Kashmir #Marriage #jammukashmir #jammuandkashmir #SpecialMarriageAct #marriageact #Spouse #Indian #India #Illegal #MyAdvo #law #lawyer #legal #legaladvice #legalaid #legalhelp #legalassistance

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mishrasatty7 · 4 years

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Whether #specialmarriageact violates #couples #privacy #supremecourtofindia #law #marriage #legaladvice #legalseva #lawyers #online (at Sector 17, Chandigarh) https://www.instagram.com/p/CFeHdhipRw-/?igshid=1gqtz7gc20rhd

#specialmarriageact #couples #privacy #supremecourtofindia #law #marriage #legaladvice #legalseva #lawyers #online

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gauravdwivedy · 4 years

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SC seeks Centre's reply on plea challenging provisions of special marriage law | India News - Times of India

NEW DELHI: The Supreme Court Wednesday sought response from the Centre on a plea which has challenged validity of some provisions of the Special Marriage Act which require two adults to put personal details in public domain for scrutiny before their wedding and they might have a "chilling effect" on the fundamental right to marry and privacy. A bench headed by Chief Justice S A Bobde agreed to hear the petition filed by a Kerala-based law student who has claimed that some provisions of the Special Marriage Act violates the fundamental rights of couple intending to marry, depriving them of their right to privacy under Article 21 of the Constitution. “Issue notice,” the bench, also comprising Justices A S Bopanna and V Ramasubramanian, said. During the hearing conducted through video-conferencing, the bench asked the counsel appearing for the petitioner, “You tell us what is the solution?”. “The moment you delete these, the people for whose benefit it was enacted will suffer,” the bench observed. The counsel appearing for petitioner Nandini Praveen referred to the apex court's landmark verdict declaring Right to Privacy as a fundamental right under the Constitution. The lawyer said the petitioner has raised the issue of privacy and also about dignity of individuals. “You are saying about privacy and that the whole world comes to know about it. But look at its positive point also,” the bench observed. Read the full article

#1955 #Breakingnews #constitution #fundamentalright #Fundamentalrights #Googlenews #India #Indianews #Indianewstoday #SpecialMarriageAct #TheHinduMarriageAct #thesupremecourt #Todaynews

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bnbassociateschd-blog · 5 years

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Court marriage registration in Chandigarh is not complicated anymore. Thanks to our team of highly sophisticated and well-trained lawyers, who take upon themselves the errands and hard-work, and make marriage registration a piece of cake for the clients. Be it a love marriage, or, an arranged one, registration of marriage brings authenticity, and establishes recognition of marriage both nationally and internationally. It safeguards the interest of the couple in the marital union, and also of their kids in the future.

#courtmarriage #courtmarriageregistration #lovemarriageregistration #courtmarriageinchandigarh #lawfirmsinchandigarh #specialmarriageact #chandigarh #marriageregistration

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aichls · 3 years

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Allahabad HC Verdict Comes As Saviour For Inter-Religious Marriage

IMPORTANT Allahabad HC Verdict Comes As Saviour For Inter-Religious Marriage Act & Against UP Anti-Conversion Ordinance #dranthonyraju #upanticonvcersionlaw #specialmarriageact #topcriminaladvocate #humanrightsactivist https://www.livelaw.in/columns/allahabad-high-courtc-inter-religious-couples-special-marriage-act-up-anti-conversion-ordinance-168383 https://www.livelaw.in/top-stories/notice-of-intended-marriage-publication-optional-special-marriage-act-allahabad-high-court-168356 Top Criminal Advocate Top Human Rights Advocate SPEAK BEFORE APPLY FOR THE MEMBERSHIP For more details, visit below 9873005424, 9873087903 https://humanrightscouncil.in/ https://humanrightscouncil.in/membership-form-download.php https://www.hrcin.org/membership-form.html http://ihrac.org/membership-form-download.php https://hrcin.org/ http://ihrac.org/ https://twitter.com/AdvAnthonyRaju Email: [email protected] ALL INDIA COUNCIL OF HUMAN RIGHTS, LIBERTIES & SOCIAL JUSTICE (AICHLS) is founded by Dr. Anthony Raju - Advocate, Supreme Court of India, Dynamic Internationally Accredited Human Rights Defender, Inspirational, spiritual and motivational speaker, Peace Activist & Social Worker and is one of global's foremost voices of Human Rights and powerful voice for voiceless people globally. All India council of human rights, liberties & social justice has been added as signatory to UNITED NATION GLOBAL COMPACT. The world's largest corporate responsibility initiative with nearly 12,000 business and non-business participants in 140 countries. That All India Council of Human Rights, Liberties & Social Justice (AICHLS), is a duly registered Society under the Societies Registration Act XXI of 1860, and is functioning with commitment to the Noble Cause of Human Rights Protection and Promotion, Justice for All, Economic Upliftment of the Underprivileged, Education, Love, Peace, Harmony and Friendship, National &International Integration by Exchange of Ideas & Ethos in India and also amongst the neighbouring countries and the people of the rest of the World at large. Dr. Anthony Raju Advocate, Supreme Court of India. Global Chairman, All India Council of Human Rights, Liberties & Social Justice. Chairman - National Legal Council International Convener, Universal mission for Peace and Human Rights. Chairman, National Council of News and Broadcasting. Secretary General : Asian Human Rights Council International Peace keeper http://www.ihrac.org/ http://www.awardsforhumanrights.com/ https://www.newsindiatoday.tv/home/ http://www.ncnb.in/ https://www.linkedin.com/in/anthonyraju/ https://www.facebook.com/allindiacouncilofhumanrights/ https://twitter.com/aichls http://www.anthonyraju.com/ http://www.juneann.in/ https://plus.google.com/u/1/?tab=mX https://www.youtube.com/user/TheHumanrightsindia/ http://www.xavierinstitutions.org/ www.asianhumanrightscouncil.org www.internationalhumanrightscouncil.org ====================================================== In Public Interest, More Links Of Human Rights Organisation working for the promotion and protection of Human Rights. #Tophumanrightscouncil, #Humanrightsinindia#freelegalhelp#NationalHumanRightsCommission#Topcriminaladvocate #contitutionexpert#HumanRightsOrganizationsInIndia, #StateHumanRightsCommission, #HumanRightsCommissionDelhi, #HumanRightsComplaint, #HumanRights, #AdvocateSupremeCourt #HumanRightsMembership #TopHumanRightsOrganisationofIndia#peace #gahrc #humanrightseducation #humanrightsleadership #humanitarian #ihrac#dranthonyraju #aichls #humanrightsambassador #humanrightsactivist #motivationalspeaker #inspirationalspeaker #humanrightsadvocate#hrcin #ncnb #groundreports#humanrightscommissioncomplaint #nhrc#arbitrator

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neeraj-justwin · 5 months

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section 14 - Special Marriage Act 1954 - When is new notice required for marriage?

#MarriageInIndia #specialmarriageact #MatrimonialLaws #HinduFamilyLaw #MarriageRegistration #MatrimonialRights #IndianFamilyLaw #MarriageLegalities #hindulaw #csneerajgupta #neerajgupta #matrimoniallaw #HinduMarriageAct #HinduMarriageLaw #IndianMarriageLaw #marriageact #courtmarriage

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neeraj-justwin · 5 months

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Section 13 - Special Marriage Act 1954 - Marriage certificate will be issued duly signed by MO, couple and three witnesses.

#MarriageInIndia #specialmarriageact #MatrimonialLaws #HinduFamilyLaw #MarriageRegistration #Section13 #MatrimonialRights #IndianFamilyLaw #MarriageLegalities #hindulaw #courtmarriage #marriagewitness

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neeraj-justwin · 5 months

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Section 12 - Special Marriage Act 1954 - Place of Marriage - Office of MO

#MarriageInIndia #specialmarriageact #MatrimonialLaws #MarriageRegistration #MatrimonialRights #IndianFamilyLaw #MarriageLegalities #hindulaw #csneerajgupta #neerajgupta #justwinlawassociates #ngpa #justwinsolutions #HinduMarriageAct #IndianMarriageLaw

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neeraj-justwin · 5 months

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Section 7 - Special Marriage Act 1954 - Any person may object within 30 days on any of the ground of Section 4.

#advocateneerajgupta #section7 #hindu #hindulaws #HinduMarriage #section4 #laws #specialmarriageact #matrimoniallawyer #advocate #coutmarriage #groundofcourtmarriage #marriageofficer

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neeraj-justwin · 5 months

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Section 4 - Special Marriage Act 1954 - Essential Conditions for a marriage

#advocateneerajgupta #section4 #hindu #hindulaws #HinduMarriage #courtmarriage #laws #SPECIALMARRIAGEACT #advocate #courtcase

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leadindia011 · 8 months

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We delve into the intricacies of the Special Marriage Act and provide you with all the information you need to know about inter-religion marriages. With the title "Decoding the Special Marriage Act: A Guide to Inter-Religion Marriages," this video aims to shed light on the legal procedures, requirements, and challenges associated with marrying someone from a different religion. Are you curious about the legal aspects of inter-religion marriages in your country? This video will explain how the Special Marriage Act provides a platform for couples who wish to solemnize their marriage irrespective of their religious backgrounds.

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leadindia011 · 9 months

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What is Court Marriage? How to do Court Marriage in 2023? Age & Process for Court Marriage In India

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we'll explore the concept of court marriage and provide you with a detailed step-by-step procedure. Whether you're planning to tie the knot soon or simply curious about the process, this video has got you covered. Court marriage, also known as civil marriage, is a legal union between two individuals conducted by a government authority. It offers a convenient and straightforward alternative to traditional wedding ceremonies. To help you navigate through the process smoothly, we'll break it down into various stages, including documentation, legal requirements, and post-marriage procedures. Firstly, we'll delve into the necessary documents you'll need to gather for court marriage. These typically include age and identity proofs, address verification, passport-sized photographs, and a marriage application form. We'll guide you on obtaining and organizing these documents effortlessly. Next, we'll elaborate on the legal requirements for court marriage. Depending on your jurisdiction, certain conditions must be fulfilled, such as being of legal age, having the consent of both parties, and being unmarried or divorced. We'll provide insights into these requirements, ensuring you have a clear understanding of the eligibility criteria. Once you meet the prerequisites, we'll explain the step-by-step procedure for court marriage. From scheduling appointments, submitting documents, and attending the marriage ceremony, we'll outline each stage in detail. Our guide will address common concerns and offer tips to streamline the process and ensure a hassle-free experience.

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