PRIYANKA TARAPAD BANNERJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed in the light of the letter dtd. 8/1/2025 as received by the petitioner-Priyanka Tarapad Bannerji from the German Embassy rejecting her visa application. The ground on which such application was rejected, was that Marriage Certificate dtd. 23/11/2023 issued to the petitioner and her spouse Mr. Rahul Verma was not accepted to be a valid document, for the reason of non-compliance of the period of 30 days of the residence, as provided under Sec. 5 of the Special Marriage Act, 1954, (for short, 'the Special Marriage Act'). It was hence opined that such certificate could not have been issued and the marriage of the petitioner as certified in such marriage certificate would be void.

(2.) In these circumstances, it is the prayer of the petitioner that appropriate directions be issued, that now as the petitioner is in India since October 2024, a corrected Marriage Certificate be issued.

(3.) We cannot accept the plea of the petitioner that the Marriage Certificate dtd. 23/11/2023 issued to the petitioner and her spouse-Mr. Rahul Verma is illegal and/or the marriage as solemnized between the parties on 23/11/2023 is a void marriage.