Notaries Should Not Execute Marriage Or Divorce Deeds : Ministry Of Law & Justice

The Union Ministry of Law & Justice has asked all Notaries to desist from executing marriage and divorce deeds as they are not appointed as Marriage Officers.

In an Office Memorandum issued by the Department of the Legal Affairs, the Notaries have been cautioned that executing marriage and divorce deeds are against the law.

"It is brought to the notice of all concerned that the Notaries appointed under the Notaries Act 1952 desist themselves from executing marriage or divorce deeds as they are not appointed as Marriage Officers. Such actions on their part are against the extant law. Any omission or commission of the Notaries Act, 1952 or the Notaries Rules, 1956 in this regard on the part of any Notary will tantamount to misconduct and action will accordingly be taken against such Notary in accordance with the provisions contained in Notaries Act, 1952 and Notaries Rules, 1956.”

The OM issued by Rajeev Kumar, Deputy Secretary to the Government of India, stated that as per the plain reading of Section 8 of the Notaries Act, 1952 and sub-rule (8) of Rule 11 of the Notaries Rules, the execution of marriage or divorce affidavit is not the function of the Notary. A Notary is neither authorized to certify a marriage nor competent to execute a divorce deed.

Despite this position of law, the Centre said that it has noticed cases where Notaries are executing documents regarding Marriage, Divorce etc. Further, in some cases, Notaries are also issuing Marriage Certificates, which have far reaching consequences.

The OM referred to the Orissa High Court's judgment in Partha Sarathi Das v. State of Orissa & Ors, Madhya Pradesh High Court's judgments in Mukesh S/o. Mr Lakshman @ Lakshminarayan. v. The state of M.P and Bundel Singh Lodhi vs The State Of Madhya Pradesh, which held that Notaries are not marriage officers.

Reference was also made to the recent Supreme Court's judgment in Bhagwan Singh v.State of UP which held that Notaries acting in violation of the Notaries Act are liable for professional misconduct.

Click here to read the Ministry's OM