Delhi HC to hear plea challenging 30-day notice to oppose inter-faith marriage under SMA

The Delhi High Court on Thursday said that it will hear a petition, challenging the provision of issuing a public notice to invite objections to marriages under the Special Marriage Act (SMA).

A Division Bench of Chief Justice DN Patel and Justice Prateek Jalan adjourned the matter as the petitioner, which is an interfaith couple was not available for arguing. The petition filed by advocate Utkarsh Singh, Md. Tauheed and Mohd. Humaid stated that the 30-day notice period inviting objections to the marriage directly impinge on the fundamental rights of the petitioners. The high court has listed the matter for hearing on October 1.

The couple has sought a direction to concerned authorities to do away with the 30 days notice period requirement and register their marriage with immediate effect. The petition also seeks to declare Sections 6 and 7 of the Special Marriage Act as null and void, terming it as illegal and ultra vires to the Constitution of India. 

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Biased conditions towards inter-faith marriage

The petition argued that some of the objections, such as consent of either family or the couple not having attained the age of marriage, that can be raised under section 4 of the Act "may be ascertained on the basis of certificates issued from a government hospital or any prescribed authority".

The couple said that they are directly affected by the procedure for registration of marriages under Sections 6 and 7 of the Special Marriage Act, 1954 wherein public notice is issued inviting objections to the marriage for next 30 days. The issue of whether either family has a living spouse, which can be raised as an objection under section 4 of the Act, is not a condition imposed on same-faith marriages, thus the act is biased against inter-religious marriages, they said. The plea also noted that other religious marriages are exempted from 30 days' notice period, depriving the petitioners of their life and liberty. The couple has known each other for the last nine years as they met during their graduation from Delhi University.

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(With inputs from agency)

(Image credits: PTI)