In a judgment delivered yesterday, the Supreme Court observed that there is no limitation period under the Special Marriage Act, 1954 for presenting a petition to declare a “void marriage”, in terms Section 24, a nullity..This can be gleaned from a combined reading of Section 4 and Section 24 of the Special Marriage Act. Section 4 deals with pre-conditions for the solemnisation of marriages under the Act. Among other pre-conditions, this provision lays down that no marriage can be solemnised if either party has a living spouse at the time of the proposed marriage..Section 24 deals with void marriages. As per this section, if any of the pre-conditions laid down in Section 4 are violated, the marriage would be void. Any aggrieved party may also present a petition to declare such a marriage a nullity..The Bench of Justices L Nageswara Rao and MR Shah has now clarified that a petition to declare such a marriage, which violates Section 4 of the Act, as a nullity may be presented at any time. The Bench pointed out,.Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.
![No Limitation to nullify Void Marriages under Special Marriage Act, Supreme Court [Read Judgment]](http://media.assettype.com/barandbench%2Fimport%2F2019%2F02%2FL-Nageswara-Rao-and-MR-Shah.jpg?w=480&auto=format%2Ccompress&fit=max)
