German Visa – Refusal for non-compliance of section 5 of Special Marriages Act
By the letter dated 8.1.2025, the German Embassy rejected the visa application of the petitioner on the ground that the marriage certificate dated 23.11.2023 was not valid document.
According to the German Embassy, the marriage certificate could not have been issued for non-compliance of 30 days residence period under Section 5 of the Special Marriages Act, 1964.
Section 5 of the Special Marriages Act, 1954, provides that the notice to the Marriage Officer of the district in which one of the parties has resided for a period of not less than 30 days preceding the date of notice.
HELD that any irregularity in one of the parties to the marriage not residing for a continuous period of 30 days cannot in any manner result in void marriage or extinguish the marriage of the parties as reflected in the marriage certificate registered under the Act of 1964.
Once marriage certificate is issued, as per section 13 of the Act, it is conclusive evidence of legality of the marriage until it is set aside by the appropriate authority or court of law. The law would not permit any person or authority to discard or not to give effect to such marriage certificate.
JUDGMENT DATED 28.2.2025 OF THE HIGH COURT OF BOMBAY IN WRIT PETITION NO.2656 OF 2025 OF PRIYANKA TARAPAD BANNERJI AND ANOTHER VS. THE STATE OF MAHARASHTRA AND OTHERS
