In an order likely to bring relief to interfaith couples, the Lucknow bench of the Allahabad high court has ruled that the publication of a notice of intended marriage under the Special Marriage Act and inviting objections is not mandatory.
Justice Vivek Chaudhary passed the judgment on Tuesday 2 on a habeas corpus petition filed by an interfaith couple intending to marry.
The order was uploaded on the high court’s website on Wednesday.
“This court mandates that while giving notice under Section 5 of the (Special Marriage) Act of 1954 it shall be optional for the parties to the intended marriage to make a request in writing to the marriage officer to publish or not to publish a notice under Section 6 and follow the procedure of objections as prescribed under the Act of 1954,” the court observed.
“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,” the court added.
“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,” the court ruled.
{{/usCountry}}“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,” the court ruled.
{{/usCountry}}“Since the matter relates to protection of fundamental rights of large number of persons, the Senior Registrar of this court shall ensure that a copy of this order is communicated to the Chief Secretary of the State of Uttar Pradesh who shall forthwith communicate the same to all the marriage officers of the state and other authorities concerned as expeditiously as possible,” ordered the court.
The court also observed that the matter could have come to an end at this stage, but for the views expressed by the young couple while interacting with the court on their personal appearance.
“The young couple expressed that they could have solemnized their marriage under the Special Marriage Act, 1954 but the said Act requires a 30-day notice to be published and objections to be invited from the public at large,” the court said.
“They expressed that any such notice would be an invasion in their privacy and would have definitely caused unnecessary social pressure/interference in their free choice with regard to their marriage,” the court added.
“They further stated that such a challenge was being faced by a large number of similarly situated persons who desire to build a life with a partner of their own choice,” the court said.
It may be mentioned that after the Adityanath government promulgated the ordinance enforcing the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020, the marriage officer is bound to publish the notice for a period of 30 days and invite objections. Any person can object to the marriage.
Since the ordinance was passed, several Muslim men have been arrested under controversial circumstances and accused if trying to forcibly convert Hindu women for marriage.