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No notice to parents of couples registering under Spl Marriage Act: Delhi govt to officials

The order has been given in view of such a notice issued by a sub-divisional magistrate (SDM) in 2020 due to which the woman was restrained indoors by her parents, compelling her spouse to lodge a habeas corpus plea in the Delhi high court.
The Delhi high court in an order in 2009 had particularly directed against sending any notice to the residence of the parties getting registered under the Act or their parents. (Representational image)
Updated on Dec 16, 2021 11:23 PM IST
Written by Sharangee Dutta | Edited by Poulomi Ghosh, Hindustan Times, New Delhi

Sending notices to the parental address of couples getting registered under the Special Marriage Act must be refrained, the Delhi government has directed its officials. Strict action will be taken against those who flout the order, the government added, according to news agency PTI.

The order has been given in view of such a notice issued by a sub-divisional magistrate (SDM) in 2020, which now is being challenged in the Delhi high court. Owing to the notice, the woman was restrained indoors by her parents, compelling her spouse to lodge a habeas corpus plea in the court, the PTI report stated.

In August this year, a contempt petition was filed in the high court against the notice by the SDM to the parents of the couple.

The high court in an order in 2009 had issued directions pertaining to the solemnisation of marriage under Chapter II of the Special Marriage Act, 1954. At the time, the court had particularly ordered against sending any notice to the residence of the parties getting registered under the Act or their parents.

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The latest order, filed by the revenue department of Delhi government on December 10, stated that court order from 2009 was earlier communicated to all deputy commissioners with a request to provide directions to the concerned registrar of marriages under their jurisdiction for strict adherence to the protocol, according to the PTI report. The marriage officer of the registrar could also exhibit the notice on the office notice board.

The revenue department's order said that officials must abide by the high court order in “letter and spirit” and “in totality without fail.”

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