The court said publication of such a notice and inviting objections to it, “would be an infringement of the fundamental rights of liberty and privacy”.
Yesterday, a single judge of the Allahabad High Court handed down an important judgment reading down Sections 4 & 5 of the Special Marriage Act, which requires couples to notify Marriage Officers one.
LUCKNOW: The Allahabad high court’s Lucknow bench has ruled that it should be optional rather than mandatory for an interfaith couple to give 30 days’ prior notice to a marriage officer to register their wedding under the Special Marriage Act, 1954.
Enforcing a notice period on the couple is tantamount to intruding on their fundamental right to privacy and liberty, the court said.
“If the couple doesn’t want to go for publication of the 30-day notice, the marriage officer has to solemnise their wedding forthwith,” Justice Vivek Chaudhary said while disposing of a habeas corpus petition filed by a Hindu man married to a woman who was born Muslim but converted before the wedding.
Landmark judgment: Notice period for inter-faith marriage now optional, rules Allahabad HC orissapost.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from orissapost.com Daily Mail and Mail on Sunday newspapers.
No Need To Display Notice For Inter-Faith Marriages: Allahabad High Court No Need To Display Notice For Inter-Faith Marriages: Allahabad High Court In a 47-page judgment on Tuesday, Justice Vivek Chaudhary said couples can now give a written request to the Marriage Officer to publish or not to publish a notice .
Allahabad High Court said publication of notices would invade in the fundamental rights of liberty
Lucknow:
The mandatory display of notices for marriage of inter-faith couples will be optional from now, the Allahabad High Court said today in an order that is likely to bring relief to inter faith couples.