When a person solemnizes the marriage under this law then the marriage is not governed by personal laws but by Special Marriage Act, the Court observed.
The Delhi High Court has held that Family Court can entertain and try a petition for dissolution of marriage under the Special Marriage Act, if the parties married under the Special Marriage Act, 1954, even though they performed Nikah ceremony subsequently.
In this case, the Husband had challenged the jurisdiction of Family Court where the wife had filed Divorce Petition under Special Marriage Act on the ground that the parties subsequently performed Nikah ceremony and, therefore, the parties are governed by the Muslim Personal Laws.
Justice JR Midha, referring to various provisions of the Special Marriage Act and the judgments of the Apex Court, summarized the principles as follows:
The Court observed that Certificate of Marriage issued by the Marriage Officer under the Special Marriage Act is a conclusive proof of their valid marriage under the Special Marriage Act and the husband cannot be permitted to challenge the jurisdiction of the Family Court to entertain and try the petition for divorce. “Even assuming that the respondent had embraced Islam prior to 20th August 1998, it would not in any manner, effect the jurisdiction of the learned Family Court to entertain and try the petition for divorce under the Special Marriage Act”.
The Court then dismissed the plea challenging the jurisdiction of Family court, filed by the Husband imposing a cost of Rupees Fifty Thousand.