Part of: GS Prelims and GS-I – Society & GS-II – Judiciary
In news
The Allahabad High Court has ruled that the provision of publication of notice of intended marriage under the Special Marriage Act, 1954, is not mandatory.
Key takeaways
The court said making such publication mandatory “would invade the fundamental rights of liberty and privacy, including within its sphere the freedom to choose for marriage without interference from state and non-state actors, of the persons concerned”.
While giving notice under Section 5 of the Act, it shall be optional for the parties to the intended marriage to make a request in writing to the marriage officer to publish or not to publish a notice under Section 6 and follow the procedure of objections as prescribed under the Act.
In case the parties do not make such a request, the officer “shall not publish any such notice or entertain objections to the intended marriage and proceed with the solemnisation of the marriage”.
