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No Need of Dispatching Notice of Intending Marriage to Couple's Residence under Special Marriage Act: Rajasthan High Court

The application has been filed by one Kuldeep Singh Meena challenging the legality of the procedure of marriage followed by the marriage officers which includes pasting of notice at the residences of the couple respectively through the SHO of the concerned police station.
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All the marriage offices in the state of Rajasthan are directed to not to dispatch the notices at the residence of couples seeking solemnization of marriage under Special Marriage Act, 1954 by the division bench of Rajasthan High Court.

The application has been filed by one Kuldeep Singh Meena challenging the legality of the procedure of marriage followed by the marriage officers which includes pasting of notice at the residences of the couple respectively through the SHO of the concerned police station. 

The decision of the division bench headed by the Chief Justice Pradeep Nandrajog is concurrent with the decision of single bench of the Delhi High Court in the case of Pranav Kumar Mishra & Anr vs. Govt of NCT of Delhi. It has been observed by both the courts that affixing of the notices at the residence of the parties intending to get married is not warranted or authorised by law and fixing of notice amounts to breach of privacy of individual’s privacy.

In the said decision, Justice Ravindra Bhat had observed: “It is to be kept in mind the that the Special Marriage Act was enacted to enable a special form of marriage for any Indian national, professing different faiths, or desiring a civil form of marriage. The unwarranted disclosure of matrimonial plans by two adults entitled to solemnize it may, in certain situations, jeopardize the marriage itself. In certain instances, it may even endanger the life or limb of one at the other party due to parental interference.”

The bench of Rajasthan High Court said that they agree and concurred with the decision of the single bench of Delhi High Court.

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Reviewed by:
Mehak Sharma
Published on 22-Feb-2018
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