All India Family Law Digest 2021 : Judgments Of Supreme Court & High Courts

As the year 2021 is coming to an end, LiveLaw brings to you an yearly Round-up of important updates in the subject of Family Law from the Supreme Court and various High Courts. This yearly digest includes 100 orders and judgments, divided into 18 different heads.Orders Pertaining to Marriage, its Registration & its Validity 1. Consent Of Family, Community Or Clan Not Necessary Once Two Adult Individuals Agree To Enter Into Wedlock: Supreme Court [Case: Laxmibai Chandaragi B v. State of Karnataka; Citation: LL 2021 SC 79] A bench comprising Justices Sanjay Kishan Kaul and Hrishikesh Roy of the Supreme Court observed that consent of the family or the community or the clan is not necessary once two adult individuals agree to enter into a wedlock. 2. SDM Issuing Notices At Residence Of Couple Seeking Registration Of Marriage Under Special Marriage Act Prima Facie Contempt Of Court: Delhi High Court [Case: Parveen Bano v. Chandra Shekhar SDM South West] The Delhi High Court observed that the act of a Sub Divisional Magistrate (SDM) to issue notices at the residence of a couple seeking registration of marriage under the Special Marriage Act is prima facie contempt of court as being in clear violation of its earlier directions issued in 2009 directing all Marriage Officers to not despatch notices to the residence of the applicants, seeking solemnization of their marriage under Chapter II of the Act. 3. Personal Appearance For The Purpose Of Seeking Registration Of Marriage Would Include Video Conferencing: Reiterates Delhi High Court [Case: Reena Chadha & Anr. v. GNCTD] The Delhi High Court observed that personal appearance for the purpose of seeking registration of marriage by a couple would include video conferencing mode. Relying on the settled judgments on the subject, Justice Rekha Palli said that it will allow the petition filed by a NRI couple, seeking exemption from physical appearance for Marriage Registration. The Couple claimed to have been married as long as back on 06.12.2001 and to be residents of USA. 4. Marriage Registration Allowed Through Video Conferencing: Kerala High Court [Case: Sreelakshmi J.S. v. The Kadukutty Grama Panchayath & Ors] Justice P B Suresh Kumar of the Kerala High Court allowed the completion of marriage registration formalities through the medium of video conferencing. The Court directed an authorised representative of the petitioner's husband to file an affidavit before the Local Registrar for Marriages and sign on the marriage register in the presence of the husband through video conferencing. However, the husband is to appear physically before the Registrar within a year and sign in the marriage register, failing which the Registrar is at liberty to revoke the marriage registration. 5. Daughter Has Every Locus To Question Validity Of Father's Second Marriage: Bombay High Court [Case: Nayana M. Ramani v. Fizzah Navnitlal Shah] The Bombay High Court authoritatively ruled that a daughter could present a petition challenging the validity of her parent(s)' second marriage. A Division Bench of Justices VG Bisht and RD Dhanuka interpreted clause (b) of the Explanation appended to Section 7 to hold that a daughter has every locus to bring in question the validity of her father's marriage. It was stated, "Having regard to the Objects and Reasons of the Act vis-a-vis literal construction of Clause (b) under Explanation, in our considered view, the appellant has every locus to bring in question the validity of marriage of her father with the respondent and as also respondent's status." 6. Notaries/Oath Commissioners Not Authorised To Execute Marriage/Divorce Documents: MP High Court Calls For Strict Guidelines [Case: Mukesh S/o. Mr Lakshman @ Lakshminarayan. v. The state of M.P.] Coming down heavily on Notaries/Oath Commissioners who are involving themselves in executing the document in respect of the marriage, divorce, etc, the Madhya Pradesh High Court called for strict guidelines, "to be issued to the Notaries and oath commissioners for not executing such type of deed, failing which their license would be terminated." The Bench of Justice Vivek Rusia observed, "The job of the Notary is defined under the Notary Act. He is not supposed to perform the marriage by executing documents… Neither the Notary is authorized to perform the marriage nor competent to execute the divorce deed." 7. Muslim Man Can Marry More Than Once Without Divorcing Earlier Wife But Same Doesn't Apply To A Muslim Woman: P&H High Court [Case: Nahida & Anr. V. State of Haryana & Ors.] While hearing a protection plea filed by a Muslim couple, the Punjab & Haryana High Court observed that "a Muslim man may get married more than once without divorcing his earlier wife but the same does not apply to a Muslim lady". The Bench of Justice Alka Sarin noted that the Petitioner No.1, the...

All India Family Law Digest 2021 : Judgments Of Supreme Court & High Courts

Akshita Saxena

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