@ Author,
1. If the parties first got their marriage registered under FMA and got their marriage registered under FMA then marriage registration certificate issued in accordance with Rules of FMA will govern their divorce too, be it under Mutual Consent route.
2. Hence, under S. 18(1) of the FMA, the matrimonial reliefs would be granted to the parties under the SMA and not under HMA even though parties got their earlier registered marriage under FMA re-registered again under HMA.
3. Hence, the parties Mutual Consent Divorce will be done under S. 28(1) and S. 28(2) of the SMA only.
Note:
Except Muslim Marriages, Registration Certificate issued under FMA or under HMA or be it under SMA is not a contract.
Reasoning:
A. Under S. 14(2) of the FMA, the Registration Certificate is deemed to be conclusive evidence of the fact that the marriage is solemnised under the FMA, no evidence with regard to the fact that the marriage was further registered under HMA can, therefore, be allowed under S. 4 of the Evidence Act because such fact stands proved by virtue of the deeming provision.
FMA = Foreign Marriage Act, 1969 (As amended)
HMA = Hindu Marriage Act, 1955 (As amended)
SMA = Special Marriage Act,1954 (As amended)
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