Family, Marriage & Divorce

A couple already married under the Hindu Marriage Act, 1955 (HMA) can register their marriage under the Special Marriage Act, 1954 (SMA), without requiring a divorce. Once registered under the SMA, the marriage is governed by that Act and not by the HMA. The SMA provides a secular, civil marriage option for any two individuals.

Parties to a marriage, subsequently declared void, can continue a petition for return of gold / stridhan before the Family Court, even after the marriage is declared void.

In Indian Family Courts, particularly in Kerala, different reliefs require the filing of separate Original Petitions (OP) for Divorce, Maintenance, Return of Gold, and Child Custody. This is because these reliefs are governed by distinct statutes and specific procedural rules.

The first wife must be given notice and an opportunity to be heard when her husband seeks to register a second marriage under the Kerala Registration of Marriages (Common) Rules, 2008, the Kerala High Court observed in Muhammad Shareef C & Another v. State of Kerala & Another. [2025: KER:82441].

In Kizhakkayi Dasan v. Kuniyil Cheerootty and Another [2025:KER:72048], the High Court of Kerala observed that a woman who contracts a subsequent marriage with a man during the subsistence of her earlier marriage cannot be regarded as a ‘wife’ within the meaning of Section 125 of the Code of Criminal Procedure.

The Supreme Court, in Chowdamma (D) by LR and Another Versus Venkatappa (D) by LRs and Another (2025 INSC 1038), states that when a man and woman live together as husband and wife for a prolonged period, the law presumes a valid marriage in such a case.

In a case Akza Rajan v. Rajan M.S [2023/KER/23485], the High Court of Kerala made a significant ruling about a father's duty to pay for his daughters' wedding expenses. The court ruled that unmarried daughters, aged 21 and 26, have a legal right to receive a reasonable amount for their marriages from their father, not just a moral one. This right, the court declared, applies to all fathers regardless of their religion. 

An individual involved in a Family Court matter may authorise another person to act as their agent through a Power of Attorney (POA). This instrument empowers the designated agent, or 'holder', to represent the principal's interests and perform specified acts. The legal framework governing this representation is robust, though subject to certain judicial safeguards and inherent limitations, particularly within the sensitive context of family law.