Whether family court has jurisdiction to entertain divorce p

Under Section 13(2), the aforesaid Certificate dated 20th August, 1998
is deemed to be conclusive evidence of the fact that marriage under the Act
had been solemnized and that all formalities respecting the signatures of
witnesses have been complied with.
11.3. The Certificate of Marriage issued by the Marriage Officer under the
Special Marriage Act is a conclusive proof of their valid marriage under the
Special Marriage Act and the petitioner cannot be permitted to challenge the
jurisdiction of the Family Court to entertain and try the petition for divorce
instituted by the respondent. The petitioner’s challenge to the jurisdiction of
the learned Family Court to entertain and try the petition under the Special
Marriage Act is barred by law.
11.4. The learned Family Court has clear jurisdiction to entertain and try the
respondent’s petition as both the parties are governed by the Special
Marriage Act.
11.5. The petitioner’s contention that the respondent embraced Islam prior
to 20th August, 1998 is contradictory and mutually destructive to the
petitioner’s admission in the written statement that the respondent was
Hindu at the time of the marriage on 20th August, 1998. The petitioner has
neither withdrawn the admission made in the written statement nor given
any justification for setting up a contradictory plea. In that view of the
matter, the respondent cannot be permitted to set up a contradictory and
mutually destructive plea in the written statement by way of an amendment.
11.6. Even assuming that the respondent had embraced Islam prior to 20th
August, 1998, it would not in any manner, effect the jurisdiction of the
learned Family Court to entertain and try the petition for divorce under the
Special Marriage Act.
 IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 23rd March, 2018
 CM(M) 140/2017
M  Vs  A 

CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA

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