Living separately from Vijay, she has filed the divorce petition before the Chengalpattu District Court, seeking annulment of the marriage under Sections 27(1) (a), (b), (d) read with Sections 36 and 37 of the Special Marriage Act (1954).
The officials stated that the UCC 2024 Act would respect all religious and customary practices for solemnising marriages but for the violation of its basic conditions mentioned in the law like age, mental capacity and if the spouse is alive.
Richa Chadha and Ali Fazal's 2020 secret wedding under the Special Marriage Act revealed, with insights into their interfaith union in the upcoming 'RiAlity' documentary.
The court said that the law does not recognise live-in relationships as marriage and hence divorce could not be sought as a means of separation.
Assam, Andhra Pradesh and Rajasthan have opposed the legal recognition of same-sex marriages in the country whereas Maharashtra, Uttar Pradesh, Manipur and Sikkim had sought more time to give their opinion on same-sex marriage issue.
A controversial provision, it has been challenged, most recently in the Supreme Court, on grounds of its constitutional validity for being in contravention of Article 21 of the Constitution of India
The couple, whose nikah originally took place on October 6, 1994, got remarried this time under the Special Marriage Act of 1954 instead of the Muslim Personal Law.
The Supreme Court had on December 14, 2022, issued a notice to the Centre on a plea by a same-sex couple seeking legal recognition to same-sex marriage. The couple has sought transfer of their matter pending before Delhi High Court to the top court.
The Centre has opposed the plea before the Supreme Court against the constitutional validity of provisions relating to restitution of conjugal rights under the Hindu Marriage Act and Special Marriage Act.
The court said that enforcing a notice period on the couple is tantamount to intruding on their fundamental right to privacy and liberty.
