Newspaper clipping in TOI dated 21 Apr; 09 for special marriage act 1954?

Hi Vijay,

Thanks a lot for replying to my previous query. While going through the newspaper yesterday, I noticed on page 3 that there's a clipping saying that delhi high court has now removed the procedure of sending the notice of court to parents for a girl and guy going for marriage under Special Marriage Act 1954. Is it valid throughout the country? like in NCR region also? Also, is the newspaper posting also not required anymore? Do you have any idea on this.

vijay m Indian Lawyer

Since this order of the Delhi High Court was passed just recently & it has not yet posted even on the website of the High Court, I cannot make any elaborate comment on it for the time being.
However since this order concerns only the Marriage Officers in the Delhi Territory, hence these Marriage Officer have been directed to discontinue the practice of sending copy of the notice to individual parent's of the parties applied for marriage under the Special Marriage Act,1954. This order will not even apply out of Delhi to other NCR territories such as Gurgaon or Noida etc.
Now this being a recent order of the Delhi High Court it will take time for proper conveyance to all the nine District Marriage Officer/Registrar under the Act. More so the practice of sending the copy of the Notice to individual Parents as such has not been stated either in the Main Act nor under the Rules made under the Act, but this practice was being carried out at its discretionary power by the Marriage Officers. Let me bring to your notice that in Gurgaon, there is a practice of publishing the Notice of Marriage in New papers which cost a hell of money to be borne by the parties to the marriage, when I appearing for one such party for the Marriage objected to this practice, then D.C./Marriage Officer told me that this is his discretionary power under which he wants to be fully satisfied about the unmarried status of the parties to the marriage & by doing so he invites any objection with regard to the marriage from Public in General staying around his territorial jurisdiction hence he has made a rule for the News Paper publication of the Notice. He even told me to get an order against his this order from the Punjab & Haryana High Court if I so desire. So you see these government officials who have been empowered by the government & the Statute all behave in funny manner using the plea of their discretionary power whether that is in favor of the parties or not, it hardly matters.

Enter Your Message or Comment

User Name:
User Email:
Post a comment: