30-day notice under Special Marriage Act reasonable: Centre to Delhi HC

The Centre has urged Delhi High Court to dismiss a petition challenging procedure of issuance of public notice for 30 days inviting objections to the inter-faith marriage being registered under Special Marriage Act, saying that 30-day notice period is "fair and reasonable".

The Ministry of Law and Justice, in an affidavit filed before the Delhi High Court, said the intention behind the Special Marriage Act, 1954 is to keep adequate safeguards to the interest of various parties involved.

The reply has come in a petition filed by an inter-faith couple through advocates Utkarsh Singh, Md. Tauheed and Mohd. Humaid.

In the petition, the petitioners have sought to set aside the impugned procedure of issuance of public notice for 30 days inviting objections to the marriage as for solemnization and registration of marriages under Special Marriage Act 1954. The inter-faith couple has sought a direction to concerned authorities to register the marriage of the petitioners with immediate effect.

The petition has also sought to declare Sections 6 and 7 of the Special Marriage Act as null and void and ultra vires to the constitution of India by holding it as illegal, null, void and unconstitutional to the Constitution of India. It also sought a direction to respondents to decide the objections on the basis of undertaking and certificates issued by government hospital or any other prescribed authority, submitted by the petitioners.

Responding to the submission raised by the inter-faith couple, the government in its reply said: "...it is denied that sections 6 and 7 of the Special Marriage Act, 1954 are ultra vires to the Constitution of India which raise seminal issues of violation of fundamental rights."

"In this regard, it may be mentioned that the intention behind the Special Marriage Act, 1954 is to keep adequate safeguards to the interest of various parties involved," it said.

The government apprised the Court that when a person gives notice for solemnisation of his marriage, the marriage officer shall publish the notice at a conspicuous place in his office.

"After the expiration of 30 days from the date of publication of the notice for solemnisation of marriage, the marriage may be solemnised, " the government said adding that if any person raises an objection to the said marriage within a period of 30 days, the marriage officer shall not solemnise the marriage until he has enquired into the matter of objection.

In its affidavit, the government said that it may not be possible to verify the credibility of such person if at least 30 days period is not given as mentioned in section 7 of the Act.

"Further, Sections 8 to 14 of the said Act laid down the procedure on receipt of objections and hence, the procedure laid down in this Act for registration of marriage is fair and reasonable. Therefore, the contention of the petitioner is not tenable," the government said.

The conditions relating to the solemnisation of Special Marriage mentioned under Section 4 of the Act is in consonance with the intention behind the Act, it said.

( With inputs from ANI )