Matrimonial Relief under Sp Marriage Act 1954

Debajit (Querist) 25 May 2011 This query is : Resolved
My question is, in a marriage between two Hindus performed according to Hindu tradition but registered under the special Marriage Act, can either spouse seeking remedy (judicial separation or divorce) plead under provisions under the Hindu Marriage Act (the marriage having been conducted as per Vedic ceremonies); or will he/she be strictly governed by the provisions of the Special Marriage Act under which the marriage is registered?

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PALNITKAR V.V. (Expert) 25 May 2011
Sec 18 of the special marriage act shows that the marriage registered under that section shall be deemed to be a marriage solemnized under that Act. However, only exception is under Sec. 24[2]. Therefore it seems that in the case of judicial separation and divorce, the provisions of Spl Marriage Act would be applicable.