Section 24 Special Marriage Act: Void marriages

Section 24 of Special Marriage Act: Void marriages

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) Any marriage solemnized under this Act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if

(i) any of the conditions specified in clauses (a), (b), (c) and (d) of section 4 has not been fulfilled; or

(ii) the respondent was impotent at the time of the marriage and at the time of the institution of the suit.

(2) Nothing contained in this section shall apply to any marriage deemed to be solemnized under this Act within the meaning of section 18, but the registration of any such marriage under Chapter III may be declared to be of no effect if the registration was in contravention of any of the conditions specified in clauses (a) to (e) of section 15:

Provided that no such declaration shall be made in any case where an appeal has been preferred under section 17 and the decision of the District Court has become final.

Modifications .In its application to marriages referred to in section 18(1) of the Foreign Marriage Act, 1969 (33 of 1969), section 24 shall be subject to the following modifications, namely:

(i) the references in sub-section (1) to clauses (a), (b), (c) and (d) of section 4, shall be construed as references to clauses (a) to (d) of section 4 of the Foreign Marriage Act, 1969; and

(ii) nothing contained in this section shall apply to any marriage

(a) which is not solemnized under that Act, i.e., 33 of 1969; or

(b) which is deemed to be solemnized under the said Act by reason of the provisions of section 17 of that Act:

Provided that the registration of any such marriage referred to in clause (b)

above may be declared to be of no effect if the registration was in contravention of sub-section (2) of section 17 of that Act, i.e., 33 of 1969See section 18(2) of the Foreign Marriage Act, 1969 (33 of 1969).

Legal Commentary & Landmark Judgments: Section 24

Section 24 of the Special Marriage Act, 1954 defines void marriages, rendering unions in contravention of essential conditions null and void ab initio.

Sub-Section (2): Chapter: Sub-section (2) provides that where a marriage is registered under Chapter III, it may be declared void if any condition in Section 15 was contravened.
Operational Mechanism & Scope: A void marriage is a complete nullity in the eye of the law; it creates no legal marital status and no mutual inheritance rights.

This statutory framework establishes clear operational guidelines, balancing legal compliance with procedural safeguards.

Key Landmark Precedents:

Lata Singh v. State of U.P. (2006) 5 SCC 475: The Supreme Court affirmed that where adult parties satisfy the conditions of Section 4, the marriage is completely lawful, and no third party or family member has standing to treat it as void.
Pramod v. Sunita (AIR 1989 MP 288): The High Court held that a marriage celebrated under the Special Marriage Act in contravention of Section 4(a) (subsisting prior marriage) is void ab initio under Section 24(1)(i), requiring no declaration, though a decree provides formal judicial certainty.

Legal Commentary:

Section 24 provides the civil remedy of nullity. Unlike voidable marriages under Section 25 which require timely challenge, a marriage void under Section 24 is null from inception. However, to prevent hardship to children born of such void unions, Section 26 steps in to confer statutory legitimacy and inheritance rights upon the progeny.

Section 24: Void marriages

Section 24 of Special Marriage Act: Void marriages

Legal Commentary & Landmark Judgments: Section 24