Lawstreet Journal

Inter-Faith Couple Moves HC to do Away with 'Unconstitutional' 30-day Notice Under Special Marriage Act, 1954

Lawstreet Journal 30 Sep 2020 2:56am

Image courtesy: Lawstreet Journal Judiciary Inter-Faith Couple Moves HC to do Away with 'Unconstitutional' 30-day Notice Under Special Marriage Act, 1954

On Thursday ( September 24, 2020), a plea filed by an inter-faith couple in the High Court of Delhi challenging the provision of issuing a public notice to invite objections to marriages under the Special Marriage Act, 1954.

The petition was listed before a bench of two judges- Chief Justice D N Patel and Justice Prateek Jalan. However, the matter could not be heard as the main lawyer who was representing the couple was arguing in another case that was going on in the Supreme Court. The matter was therefore listed for hearing on October 1 in the High court.

The petition said that the some of the objections like unsoundness of mind of either party or they not having attained the age of marriage, that can be raised under Section 4 of the Act "can be ascertained on the basis of certificates issued from a government hospital or any prescribed authority".

However, advocate Utkarsh Singh, who had filed the plea said that the 30 day notice period which invited objections to the marriage directly intrude on the fundamental rights of the petitioners.

An objection that can be raised under Section 4 is whether either party has a living spouse, however, this condition is not imposed on same faith marriages, and this condition imposed on inter-faith marriages due to the biases against such relationships.

The Section 4 of The Special Marriage Act, 1954 says that there are a few conditions relating to the solemnization of special marriages and Notwithstanding anything contained in any other law for the time… Continue Reading...

Tagged: Delhi High Court   Special Marriage Act  
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