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Without 30-day notice under Special Marriage Act Credibility of Parties cannot be Ascertained: Centre submits before Delhi HC

Team SoOLEGAL 11 Feb 2021 4:21pm

Without 30-day notice under Special Marriage Act Credibility of Parties cannot be Ascertained: Centre submits before Delhi HC

A petition was filed in Delhi High Court where the petitioner challenged that 30 day public notice period to invite objections for marriages under Special Marriage Act violates Right to Privacy and other fundamental rights. This particular petition was opposed by the Centre, stating the reason as Section 6 and 7 of the Act are not ultra vires to the Constitution of India and these respective Sections do not violate the fundamental rights of the citizens.

An affidavit was also filed which stated that these Sections were implemented for the safety and interests of the two parties and the Act says that without the 30 day time period the credibility of parties that are involved cannot be verified.

Centre says that Right to Privacy is a fundamental right but not an absolute right as mentioned by the Supreme Court of India in the case of Justice KS Puttaswamy and Ors vs Union of India & Ors.[1]

In the said petition that was filed in the Delhi High Court, the petitioner stated that it was not needed and biased, and violates Right to Privacy. It was also said in the petition that objections to marriage under Section 4 of Special Marriage Act do not specifically require notice as the facts can be obtained from government certificates and undertakings from both the parties.



Tagged: Special Marriage Act   Delhi High Court   Right to Privacy   Fundamental Rights   Indian Constitution   Supreme Court  
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