Team  SoOLEGAL

Allahabad HC: Publication of notice under Special Marriage Act optional, mandatory notice invades privacy

Team SoOLEGAL 15 Jan 2021 4:04pm

Allahabad HC: Publication of notice under Special Marriage Act optional, mandatory notice invades privacy

Allahabad High Court stated that publishing notice for inter-religion marriage under Special Marriage Act,1954 is optional, not compulsory.

Publishing details in the notice violates a person’s fundamental rights of privacy and liberty and also, because the same would cause interference of a third party or the State between the two adults giving mutual consent to marry each other.

This decision was taken by Allahabad High Court on 12th January,2021. The court has directed that the copies of the order should be sent to the Chief Secretary of Uttar Pradesh and different marriage offices in the State with immediate effect.

Justice Vivek Chaudhary mentioned that under Section 5 of Special Marriage Act, 1954, the parties can make a request in writing to the marriage registrar to publish a notice or not to publish following the procedures for objections under Section 6 of the Act.



Tagged: Allahabad HC   Special Marriage Act   fundamental rights   Justice Vivek Chaudhary  
Did you find this write up useful? YES 0 NO 0
Featured Members view all

New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.