The approach of the Act is very crystal clear. The spouse guilty of invalid marriage, the Priest, any person helping or assisting the Priest, the Registrar, the subordinates and/ or associates of Registrars, all are subjected to the penal action. However, under Section 17, the marriages are not held to be invalid because of imposition of penalty or because of formal irregularities. The following are the formal irregularities under Section 17 of the Act.
The approach of the Act is very crystal clear. The spouse guilty of invalid marriage, the Priest, any person helping or assisting the Priest, the Registrar, the subordinates and/ or associates of Registrars, all are subjected to the penal action. However, under Section 17, the marriages are not held to be invalid because of imposition of penalty or because of formal irregularities. The following are the formal irregularities under Section 17 of the Act.
ADVERTISEMENTS:
1. The marriage was not certified in terms of Section 6 of the Act.
2. The Marriage Certificate was not sent to the Registrar.
3. Marriage Certificate issued was defective, irregular or incorrect.
The Hon’ble Supreme Court of India has taken the view that the matrimonial disputes should be decided on a pragmatic manner, keeping in view the ground realities. Most of factors must be taken into consideration, more important being whether the marriage can be saved and couple can live together happily and maintain proper atmosphere for having children.