If you want to register your marriage in the office of Registrar of Marriages under the Special Marriage Act, 1954, notice of intended marriage shall not be sent to either of the party’s home, either by the Marriage Registrar office or through police station. A copy of notice is required to be affixed only at some conspicuous place in the Registrar’s office.
The relevant Sections 4 to 9 of the Special Marriage Act do not provide for issuance of such notice by the concerned authority.
Section 6 provides that, once the notice is received by the Marriage Officer, it has to be entered in a register which shall be open to any person desirous of inspecting the same. Sub-section (2) of Section 6 requires the Marriage Officer to cause every such notice to be published by affixing a copy thereof at some conspicuous place in his office.
JAIPUR HIGH COURT ORDER 20.2.2018 : (KULDEEP SINGH MEENA –Vs. STATE OF RAJASTHAN & Ors- Civil Writ No.17080/2017). While deciding this PIL initiated by advocate Kuldeep Singh Meena, protesting the insistence on such prior notice being sent by the fourth Additional Judicial Magistrate (‘ADM’) at Jaipur, who functions as the marriage officer, Hon’ble Jaipur Division Bench of Rajasthan High Court passed an Order on 20th February 2018 affirming that S.M.Act, 1954 does not contemplate sending of notice to the residence of those intend to marry. The court found that such a practice is not warranted or authorized by law and further held that it amounts to breach of privacy of the individuals. Even the HC specifically directed all Marriage Officers in the State of Rajasthan not to dispatch notices to the residence of the applicants who seeks solemnization of their marriage under the Special Marriages Act, 1954.
FACTS OF THE CASE : In the abovesaid matter, it was observed by the High Court that the Additional District Magistrate-IV, Jaipur who was also the Marriage Officer for the purpose of solemnization of marriages under the SMAct, had adopted an erroneous practice to paste a copy of notice of intending marriage between a couple at the respective residence of the couple through SHO of the concerned police station.
Challenging the said practice by ADM, the petitioner filed a petition before Rajasthan High Court. He expressed apprehensions that if the notice is sent through police, their parents may not object to their marriage but a public notice may unnecessarily provoke protest from neighbours and others in society. He further contended that “The Special Marriage Act was enacted to enable a special form of marriage for any Indian national, professing different faiths, or desiring a civil form of marriage. The unwarranted disclosure of matrimonial plans of two adults, who are entitled to solemnize their marriage, may, in certain situations, jeopardize the marriage itself. In certain instances, it may even endanger the life or limb of one or the other party due to parental or social interference… .…the office of ADM – IV, Jaipur is acting contrary to the law as neither the Act nor any other rule, regulation or by – law enables the marriage officer to send the information of the intended marriage of the concerned parties at the respective addresses of the parties…..
EARLIER ORDER
DELHI HIGH COURT ORDER DATED 08.04.2009 – W.P. No.748/2009 –PRANAV KUMAR MISHRA & ANR. Vs. GOVT OF NCT of Delhi & Anr.
In the similar case, Hon’ble Delhi High Court had held that “ ..…It is to be kept in mind the that the Special Marriage Act was enacted to enable a special form of marriage for any Indian national, professing different faiths, or desiring a civil form of marriage. The unwarranted disclosure of matrimonial plans by two adults entitled to solemnize it may, in certain situations, jeopardize the marriage itself. In certain instances, it may even endanger the life or limb of one at the other party due to parental interference.”
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For your ready reference, Section 5 and 6 of the above Act are reproduced below:
5. Notice of intended marriage.―When a marriage is intended to be solemnized under this Act, the parties to the marriage shall give notice thereof in writing in the form specified in the Second Schedule to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given.
6. Marriage Notice Book and publication.―
(1) The Marriage Officer shall keep all notices given under section 5 with the records of his office and shall also forthwith enter a true copy of every such notice in a book prescribed for that purpose, to be called the Marriage Notice Book, and such book shall be open for inspection at all reasonable times, without fee, by any person desirous of inspecting the same.
(2) The Marriage Officer shall cause every such notice to be published by affixing a copy thereof to some conspicuous place in his office.
(3) Where either of the parties to an intended marriage is not permanently residing within the local limits of the district of the Marriage Officer to whom the notice has been given under section 5, the Marriage Officer shall also cause a copy of such notice to be transmitted to the Marriage Officer of the district within whose limits such party is permanently residing, and that Marriage Officer shall thereupon cause a copy thereof to be affixed to some conspicuous place in his office.
Hope this answers your queries and doubts.
