Delhi HC notice to Centre on plea against Special Marriage Act provisions

New Delhi: The Delhi High Court on Wednesday issued a notice to the Centre and the Delhi government, on a petition challenging the procedure of issuance of public notice inviting objections to the registration of the marriage for a period of 30 days under the Special Marriage Act.

A division bench of the high court presided by Chief Justice D. N. Patel and Justice Prateek Jalan directed the Centre and the Delhi government to file its response over the petition filed by an interfaith couple and listed the matter for further hearing on November 27.

The petition, filed through advocates Utkarsh Singh, Mohd. Tauheed and Mohd Humaid, sought the setting aside of the impugned procedure of issuance of public notice for 30 days inviting objections to the marriage solemnization and registration under the Special Marriage Act, 1954.

"The petitioners, being directly affected and aggrieved by the impugned procedure for applying for registration of marriages under Sections 6 and 7 of the Special Marriage Act, 1954 wherein public notice is issued inviting objections mentioned in section 4 of the SMA, 1954 to the marriage for next 30 days. They are praying for declaration of said impugned procedure for applying for registration of marriages under the Special Marriage Act, 1954 as Null and Void and ultra vires to the constitution of India as the same are grossly illegal, arbitrary and ultra vires to the Constitution of India," the plea said.

In the September, Nandini Praveen, a law student from Kerala, had filed a similar writ petition before the Apex Court challenging the constitutional validity of the provisions of the Special Marriage Act, 1954.

The petitioner had contended that the provisions of the act, which requires Marriage Officer to publish copies of Marriage Notices submitted to him by the couples intending to marry under the act, violate Article 14 (Right to equality), Article 19 (Freedom of expression) and Article 21 (Right to Privacy) of the couples.

Section 5 of the Act provides that the parties who intend to marry under the Act shall give notice thereof in writing the specified form to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date of the marriage on which such notice is given.