Divorce Petition--Special Marriage Act--Registration of Marriage Not a Precondition for Maintainability of Petition Under Section 27
A petition for divorce under Section 27 of the Special Marriage Act, 1954 is maintainable even if the marriage is not registered under the Act. Section 15 of the Act only prescribes conditions for registration of marriage; it neither mandates registration nor bars a divorce petition in the absence of registration. Registration under the Act is optional, and while Section 18 confers certain benefits upon registration, no provision of the Act makes registration a precondition for seeking dissolution of marriage.
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