The Delhi High Court on Wednesday gave notices to the Centre and Aam Aadmi Party government, seeking their response on a petition challenging the provision of issuing a public notice to invite objections to marriages under the Special Marriage Act, PTI reported.
The petition, filed by Nida Rahman, challenges sections 6 and 7 of the Act, which specifies the procedures to be followed to invite public objections to inter-faith couples seeking registration of their marriage, according to Live Law. Section 6 requires the marriage officer to publish the notice 30 days prior to the registration of the marriage.
Section 7 states that a person may object to the marriage on the grounds that it would contravene any conditions specified in Section 4, which include parameters such as if any party has a living spouse or either of them is not capable of giving a valid consent due to unsoundness of mind.
The notice that the inter-faith couples need to send for publication should mention their names, date of birth, age, occupation, parents’ names and details, addresses, pin codes, identity information and phone numbers.
The petition has argued that the provisions of sending a notice discourage inter-faith couples from getting married, adding that most of them wish to get married against the wishes of their parents. The petition has urged the High Court to declare as “illegal, null, void and unconstitutional” the provisions of sending the notice for inviting objections.
Advocate Utkarsh Singh, appearing for Rahman, argued that the sections violate Article 14, pertaining to the right to equality, as no such provision is there under the Hindu or Muslim personal laws.
This mandatory requirement also violates the fundamental Right to Privacy of the inter-faith couples, the petition said.
Limited-time offer: Big stories, small price. Keep independent media alive. Become a Scroll member today!
Our journalism is for everyone. But you can get special privileges by buying an annual Scroll Membership. Sign up today!