Don’t send notices to parents of couples under Special Marriage Act: Delhi government

In the communication sent by the Revenue Department to the officers, including Deputy Commissioners, ADMs, SDMs and Tehsildars, government has said that marriage officers or registrar of marriages could display the notice on the official notice board in accordance with the law.

While directing a marriage officer to not send notices to the residence of a couple, the HC had in 2009 observed that it is to be kept in mind that the Special Marriage Act was enacted to enable a special form of marriage for any Indian national, professing different faiths or desiring a civil form of marriage. The government in its circular, while referring to the contempt proceedings, has now said that all the officers engaged in solemnisation of marriage need to strictly follow the 2009 directions of the HC “in totality without fail”.

“Any violation of the above said directions will attract stern action against the erring officers/officials under the relevant rules,” the government said in the circular. The HC in an order in August said there is a prohibition to send such notices which could jeopardise the plans of the applicants or become a cause “for threat to their lives or limb”. The observation was made in the order passed in a contempt petition filed by a couple against SDM South West through advocate Utkarsh Singh in which the 2009 verdict of the HC was cited.

The woman, a Muslim, and the man, a Hindu, last year decided to get married and applied for registration of the marriage. However, contrary to the 2009 ruling, the notice about their intended marriage was circulated at their residences by the marriage officer. After receiving the information, the woman’s father and brother detained her. She was later produced before the HC after her friend, now her husband, filed a habeas corpus. While her family was counselled by the court, the woman said she doesn’t want to return to her parental home. Accorded police protection by the court, the couple married in May 2020. Pertinently, the HC had in October 2020 issued a notice to the Centre and Delhi government, in a petition challenging provisions requiring authorities to issue a 30-day public notice for invitation of objections before registration of a marriage under Special Marriage Act, 1954.

Seeking dismissal of that plea, the Centre in February 2021 said intention behind the Act is to keep adequate safeguards to “interest of various parties” involved, if any person raises objection within 30 days, marriage officer will not solemnise the marriage until he has enquired into matter of objection.