Notaries Cannot Register Marriage Or Issue Marriage Certificates: Orissa High Court

The Orissa High Court has reiterated that ‘notaries’ cannot register marriage as they are not authorised to do so under the Notaries Act, 1952. The Division Bench of Justice Sangam Kumar Sahoo and Justice Sibo Sankar Mishra, while asking them to abstain from issuing marriage certificates, observed:

“Due to such extra-legal and subterfuge arrangements by the Notaries, parties are made to believe that they are legally married when in fact their marriage do not have even the slightest of legal sanctity.”

The Court was hearing a habeas corpus petition filed by a man who alleged that his wife has been illegally detained by her parents and they are not allowing her to live with him. At this point of time, the Court asked as to whether the petitioner has any documentary proof like photographs, video recordings etc. of his marriage with the said girl.

At this juncture, Court found that a marriage declaration document was prepared on which both the petitioner and the girl had put their signatures and it was sworn before a notary. The Court again noted that there is no legal proof basing upon which the said marriage declaration document was prepared and notarized by the notary.

“Time and again Courts across the country have echoed it in identical voice that Notaries are neither authorized to issue certificates of marriage nor they are legally entitled to notarize any signed declaration of marriage, which is apparently beyond the scope of their functions prescribed under section 8 of the Notaries Act, 1952 (Act no.53 of 1952),” the Court added.

The Court went on to rely upon its decision in Rohit Kumar Behera v. State of Orissa, wherein it was held as follows:

“As some Notaries had adopted a self-innovated format by issuing authenticated certificate of Marriage purported to be in pursuance of Rules 11(1) and 16 of the Rules, 1956, the Law Department on 18.03.2009 had issued a letter vide Letter No. III-1-7/07 3921/L directing all the Notaries across the State not to issue Marriage Certificate which is not a function of the Notary under Section 8(1) of the Act, 1952.”

The above ruling was reiterated by the Court in Ramakanta Nayak v. Itishree Mohapatra. The Court again placed reliance upon the order of the Madhya Pradesh High Court in Mukesh v. The State of M.P., wherein it had directed the Principal Secretary, Department of Law, Government of Madhya Pradesh to issue necessary direction to restrain notaries from issuing marriage certificates.

“Despite such authoritative pronouncements, this Court is vexed to observe that the Notaries are not abstaining themselves from issuing marriage certificates which have absolutely no value in the eyes of law and without any valid proof of marriage, they are allowing execution of declaration of marriage between the parties which have far-reaching consequences,” the Court observed.

The Court ordered the concerned notary to appear in person before it on the next date to explain as to on what basis he allowed execution of the marriage declaration before him and under what authority he attested the same.

Counsel for the Petitioner: Mr. P.C. Dash, Advocate

Counsel for the State: Mrs. Saswata Patnaik, Addl. Govt. Advocate

Citation: 2023 LiveLaw (Ori) 98

Case Title: Partha Sarathi Das v. State of Orissa & Ors.

Case No.: WPCRL No. 70 of 2023

Date of Order: September 14, 2023

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