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2018 DIGILAW 597 (RAJ)

Kuldeep Singh Meena v. State of Rajasthan

2018-02-20

G.R. MOOLCHANDANI, PRADEEP NANDRAJOG

body2018
JUDGMENT 1. Heard learned counsel for the parties. 2. The issue raised in the petition is to the legality of the procedure followed by the competent authority under the Special Marriages Act, 1954 to paste a notice of the intending marriage between the couple at the respective residence of the couple through SHO of the concerned Police Station. 3. Same procedure was being followed in Delhi and as per a decision dated 08.04.2009 in W.P.(C) No.748/2009: Pranav Kumar Mishra & Anr. Vs. Govt. of NCT of Delhi & Anr., a learned Single Judge held that procedure for registration of the marriage under the Special Marriages Act, 1954 does not warrant to send a notice at the residence of the parties, much less affix the same at the residence through the SHO. The learned Single Judge noted that as per Section 4 of the Act the requirements to be fulfilled in law for solemnization of special marriages have been provided and does not contemplate issuance of a notice. The notice of the intended marriage is conceived by Section 5. It contemplates the parties to the marriage to give a notice in the forms specified in the Act to the Marriage Office indicating therein that they have been residing at the given address for not less than 30 days immediately preceding the date when such notice is given. 4. As per Section 6, the notice received by the Marriage Office has to be entered in a register which shall be open to any person desirous of inspecting the same. Sub-section (2) of Section 6 requires the Marriage Officer to cause every such notice to be published by affixing a copy thereof at some conspicuous place in his office. 5. Thus, the conclusion drawn by the learned Single Judge is that the procedure of affixing the notice at the residence of the parties is not warranted or authorised by law. It has been held that this would amount to a breach of privacy of the individuals. 6. We concur with the reasoning of the learned Single Judge of the Delhi High Court and thus dispose of the present petition directing all Marriage Officers in the State of Rajasthan not to despatch notices to the residence of the applicants who seeks solemnization of their marriage under the Special Marriages Act, 1954. 7. No costs.