Notice period for inter-faith marriage now optional
By IANS |
Published on
Thu, Jan 14 2021 7:03 IST |
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Allahabad High Court - Lucknow bench. (File Photo: IANS). Image Source: IANS News
Lucknow, Jan 14 : In a landmark judgment, the Lucknow bench of the Allahabad high court has ruled that the 30 days notice to a marriage officer to register a wedding under the Special Marriage Act, 1954, should be optional rather than mandatory.
The court said that enforcing a notice period on the couple is tantamount to intruding on their fundamental right to privacy and liberty. If the couple does not want to go for publication of the 30-day notice, the marriage officer has to solemnise their wedding forthwith, said Justice Vivek Chaudhary 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.
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In a judgment that is likely to benefit interfaith couples seeking to solemnize their marriage, Allahabad High Court on Wednesday said that the 30-day notice period under the Special Marriage Act, 1954 is not mandatory and such couples can choose not to publish their intention for marriage.
In its existing form, the Special Marriage Act, 1954 requires public notice of intended marriage by interfaith couples who do not opt for marriage under their personal laws. The public notice is displayed at the office of the marriage officer and aims at inviting objections, if any, to such a marriage.
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