Kerala HC wonders if one month waiting period in Special Marriage Act makes sense in the present day


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Representative Image | Photo: AFP

Kochi: The Kerala High Court asked governments if the 30-day notice to legalise a marriage under the Special Marriage Act was logical in the modern day.

Many young people live abroad these days. This clause is a roadblock for those who wish to legalise their marriage but they are here only for a short vacation, observed Justice VG Arun in a plea filed by a couple seeking exemption from the notice period. The Ernakulam natives had come to Kerala for vacation and wanted to register their marriage before they left. However, the court refused to give an immediate relaxation and posted the matter for next month.

The union and state governments are asked to respond to the matter.

The Special Marriage Act mandates a waiting period of one month from the date of application before registration. Besides, it also requires at least one of the applicants to be living in the jurisdiction of the office for at least 30 days before submitting the application.

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