Published 22:44 IST, January 13th 2021
Allahabad HC makes publication of 30-day notice under Special Marriage Act optional
Justice Vivek Chaudhary's order came on a plea where a Muslim woman who had converted to Hinduism and married a Hindu man was kept under detention by her father
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In a landmark verdict on Wednesday, the Allahabad High Court ruled that the publication of notice and inviting objections under the Special Marriage Act is not mandatory. Justice Vivek Chaudhary's order came on a plea where a Muslim woman who had converted to Hinduism and married a Hindu man was kept under detention by her father. Though the woman was reunited with her husband after the HC's intervention, the court expanded the scope of the matter. This is because the couple informed the bench that it would have married under the Special Marriage Act, 1954, had the requirements not been stringent.
The persons intending to marry under this Act are required to give a notice which the Marriage Officer publishes and invites objections with regard to the same for a period of 30 days. Moreover, they expressed that the publication of any such notice would be an "invasion in their privacy" besides causing unnecessary social pressure in their free choice with regard to their marriage. In contrast, the couple pointed out that personal laws do not impose any such condition. Calling for amendments to be made to the Special Marriage Act, the petitioners also noted that the challenge for interfaith couples might increase owing to the promulgation of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020.
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The Allahabad HC verdict
Justice Chaudhary, in the judgment, observed that the procedure of publishing the notice and inviting objections for the intended marriage should not violate fundamental rights. The HC noted that no reasonable purpose was achieved by making the procedure for marriage under this Act more obstructive than the procedure under personal laws. While holding that parties to the intended marriage have the choice of telling the Marriage Office to not publish the notice, the court has empowered the Marriage Officer to verify details of the parties such as age, valid consent, etc. The single-judge bench of the Allahabad HC has directed that this verdict should be circulated to all Marriage Officers of Uttar Pradesh and other authorities expeditiously.
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In paragraph 47 of the verdict, Allahabad HC noted, "In case they do not make such a request for publication of notice in writing, while giving notice under Section 5 of the Act, the Marriage Officer shall not publish any such notice or entertain objections to the intended marriage and proceed with the solemnization of the marriage. It goes without saying that it shall be open for the Marriage Officer, while solemnizing any marriage under the Act of 1954, to verify the identification, age and valid consent of the parties or otherwise their competence to marry under the said Act. In case he has any doubt, it shall be open for him to ask for appropriate details/proof as per the facts of the case."
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22:44 IST, January 13th 2021