No need to dispatch notices at the residence of couples marrying under Special Marriage Act in Rajasthan

February 22, 2018

In an important order passed by the Rajasthan High Court, the marriage officers have been directed not to dispatch notices to the residence of the applicants who marry under Special Marriages Act, 1954. The High Court took reliance on the decision of the Delhi High Court in the case of Pranav Kumar Mishra & Anr. vs Govt. Of Nct. Of Delhi & Anr. The single judge, in that case, had observed that as per law, the notice received by the Marriage office has to be entered in a register which would be open to any person desirous of inspecting the same. The law also prescribes that the notice should be published by affixing a copy at a conspicuous place in his office. The court had observed that therefore the procedure of affixing the notice at the residence is not required at all. The High Court of Delhi had also stated that the purpose of Special Marriage Act was to allow marriage among any Indian national, professing different faiths, or desiring a civil form of marriage. The disclosure of matrimonial plans between two adult may jeopardize the marriage or even endanger the life of one of the party due to parental interference. It may be taken into consideration that affixation of marriage notice at the residence leads to violation of privacy amidst two individuals who have consented to marry at their own will. The Chief Justice Pradeep Nandrajog agreed with all the points and said that there is indeed no requirement of affixing the notices on the residence/building of couples who have solemnized their marriage under Special Marriage Act, 1954.

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No need to dispatch notices at the residence of couples marrying under Special Marriage Act in Rajasthan

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