Marriage Under Special Marriage Act Not Void for Non-Compliance with Residency Requirement

The Bombay High Court ruled that a marriage registered under the Special Marriage Act, 1954, cannot be declared illegal or void merely because a spouse failed to comply with Section 5 of the Act, which mandates a 30-day residency in the district where the marriage is registered. 

A marriage certificate from the Registrar is conclusive proof of its legality unless set aside by a court.

The court clarified that only conditions in Section 24 can make a marriage void. 

Dismissing a woman’s petition about her visa rejection due to this issue, the court held that a legally registered marriage remains valid despite such irregularities.