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Notaries can’t execute marriage, says Orissa high court
The Orissa high court said that due to extra-legal and subterfuge arrangements by the Notaries, parties are made to believe that they are legally married when in fact their marriage do not have even the slightest of legal sanctity
The Orissa high court has said that ‘notaries’ cannot register a marriage as they are neither authorised to issue certificates of marriage nor are they legally entitled to notarise any signed declaration of marriage, which is beyond the scope of their functions prescribed under Section 8 of the Notaries Act, 1952.
While hearing a habeas corpus petition filed by a man who alleged that his wife has been illegally detained by her parents and not being allowed to live with him, a division bench of justices Sangam Kumar Sahoo and Sibo Sankar Mishra asked whether the petitioner has any documentary proof like photographs, video recordings etc. of his marriage with the said girl.
When court was told that a marriage declaration document has been prepared in which both the parties have signed and it was sworn by a Notary Public on April 19 this year in the presence of friends, relatives and well-wishers, the judges said Notaries are not authorised to execute a marriage.
“Due to such extra-legal and subterfuge arrangements by the Notaries, parties are made to believe that they are legally married when in fact their marriage do not have even the slightest of legal sanctity,” the bench noted, asking the Notary to be present before the high court on September 26.
The bench said the state law department on 18.03.2009 had issued a letter directing all the Notaries across the state not to issue Marriage Certificate which is not a function of the Notary under Section 8(1) of the Act, 1952.
“Despite such authoritative pronouncements, this court is vexed to observe that the Notaries are not abstaining themselves from issuing marriage certificates which have absolutely no value in the eyes of law and without any valid proof of marriage, they are allowing execution of declaration of marriage between the parties which have far-reaching consequences,” the court observed.
