Rajasthan High Court upholds ruling of Delhi High Court in Special marriage act case

Team SoOLEGAL 22 Feb 2018 3:06am

Rajasthan High Court upholds ruling of Delhi High Court in Special marriage act case

In a ruling given recently,a division bench of Rajasthan High Court headed by  Chief Justice Pradeep Nandrajog, has delivered an order asking all marriage officers in the state not to despatch notices to the residence of the applicants who seek solemnisation of their marriage under the Special Marriages Act, 1954.

One Kuldeep Singh Meena had approached the high court questioning the legality of the procedure followed by the marriage officers to paste a notice of the intending marriage between the couple at the respective residence of the couple through the SHO of the concerned police station,terming it breach of privacy of individuals. The bench  upheld the  decision of single bench of Delhi High Court, in Pranav Kumar Mishra & Anr v Govt Of NCT Of Delhi, and observed that the procedure of affixing the notice at the residence of the parnd this would amount to a breach of privacy of the individuals. In the said decision, Justice Ravindra Bhat had observed: “It is to be kept in mind the 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 unwarranted disclosure of matrimonial plans by matrimonial plans by two adults entitled to solemnize it may, in certain situations, jeopardize the marriage itself. In certain instances, it may even endanger the life or limb of one at the other party due to parental interference.”

Tagged: Rajasthan High Court   Delhi High Court   Special Marriage Act  
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