Divorce Petition Under Special Marriage Act Maintainable Even If Marriage Is Not Registered Under The Act: Karnataka High Court

"Section 27 of the Special Marriage Act does not contemplate the requirement of registration of the marriage under the Act to maintain an application to seek a decree of divorce," Karnataka High Court has held that a petition for divorce under the Special Marriage Act, 1954 is maintainable even if the marriage has not been formally registered under the provisions of the Act.

A bench of Justice Dr. K. Manmadha Rao observed that Section 15 of the Act, which provides for the registration of marriages celebrated in other forms, does not declare registration as a mandatory prerequisite for seeking matrimonial reliefs like dissolution of marriage.

The petitioner-wife and respondent-husband belong to the "Meda" Scheduled Tribe and were married in 2006 according to customary rites. After separating in 2009, the husband initially sought divorce under the Hindu Marriage Act, but the petition was rejected as Section 2(2) of the HMA excludes members of Scheduled Tribes from its operation. Subsequently, the husband filed for divorce under Section 27 of the Special Marriage Act, which the wife challenged on the ground that the marriage was never registered under the said Act.

The primary question before the court was whether a petition for divorce under Section 27 of the Special Marriage Act is maintainable in the absence of the marriage being registered under Section 15 of the same Act. The court also examined whether the registration of a customary marriage under the Special Marriage Act is mandatory or directory.

Registration Under Section 15 Is Directory, Not Mandatory

The Court observed that Section 15 of the Special Marriage Act merely prescribes the conditions required for the registration of marriages that were originally celebrated in forms other than the Special Marriage Act. The bench clarified that the Act does not contain any provision that makes such registration compulsory for the validity of the marriage or for seeking legal remedies.

"Under the provisions of the Special Marriage Act, 1954, registration of marriage is not mandatory but if the marriage is registered, Section 18 of the Act gives certain benefits. Except the same, there is no requirement of compulsory registration of marriage."

No Statutory Bar On Divorce Petitions Without Registration

The Court emphasized that Section 27, which deals with the grounds for divorce, does not impose any condition stating that the marriage must be registered under the Act for a petition to be maintainable. The bench noted that the respondent-husband was seeking a decree on the grounds of desertion and cruelty, which are substantive rights provided under the Act.

"There is no specific provision in the Special Marriage Act 1954, which contemplates that a petition for a decree of divorce is not maintainable unless the marriage is registered under the Act."

Scope Of Section 15 And Section 27 Distinguished

While analyzing the statutory framework, the Court pointed out that Section 15 is an enabling provision for marriages celebrated in other forms to be brought under the umbrella of the Special Marriage Act. However, this does not limit the jurisdiction of the Court to hear a divorce petition under Section 27 if the parties otherwise fall within the scope of the Act's remedial measures.

"Section 15 of the Special Marriage Act only prescribes the conditions required for registration of the marriage and do not declare that registration of the marriage is compulsory or that petition for divorce under Section 27 of the Act is not maintainable unless the marriage is registered."

Applicability To Scheduled Tribes Excluded From HMA

The Court took note of the unique situation where the parties, being members of a Scheduled Tribe, were excluded from the Hindu Marriage Act by virtue of Section 2(2). In such instances, the Special Marriage Act often serves as the legal recourse for matrimonial disputes. The bench found that denying the maintainability of the divorce petition due to lack of registration would leave the parties without a remedy.

"Respondent is seeking decree of divorce on the ground of desertion and cruelty... Section 27 of the Special Marriage Act does not contemplate requirement of registration of the marriage under the Act to maintain an application to seek the decree of divorce."

Lower Court Order Upheld

The High Court found no infirmity in the order passed by the Senior Civil Judge and JMFC, Kanakapura, which had rejected the wife's application challenging the maintainability of the husband's divorce petition. The bench concluded that the trial court was correct in holding that the petition under the Special Marriage Act could proceed regardless of the registration status of the 2006 customary marriage.

The Writ Petition was dismissed, and the trial court was permitted to proceed with the divorce proceedings. The ruling clarifies that for parties seeking relief under the Special Marriage Act, specifically those excluded from personal laws, the lack of a registration certificate under Section 15 is not a bar to seeking a decree of divorce under Section 27.

Date of Decision: 17 April 2026