In response to a petition seeking the declaration of Sections 6 and 7 of the Special Marriage Act, 1954 as null, void and ultravires to the Constitution of India, the Central Government has informed the Delhi High Court that, "the intention behind the Act is to keep adequate safeguards to the interest of various parties involved," and that if a 30-day notice as required under Section 7 is not given, it may not be possible to verify the credibility of the persons seeking to solemnize a marriage.
Elaborating upon its defence, the Centre said that when a person gives notice for solemnisation of his marriage, the marriage officer publishes the notice at a conspicuous place in his office, for any person to raise objections to the said marriage within a period of 30 days, and if any such objections arise, the officer is required to enquire into the matter before solemnization of the marriage.
The petition, filed by one Nida Rehman, sought directions for setting aside of this impugned procedure of issuances of public notice for 30 days inviting objections to the marriage, and for issuance of directions to register her marriage with immediate effect under the Special Marriage Act, 1954.
Sections 5, 6 and 7 of the Act provides:
Section 5. Notice of intended marriage - When a marriage is intended to be solemnized under this Act, the parties to the marriage shall give notice thereof in writing in the form specified in the Second Schedule to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than 30 days immediately preceding the date on which such notice is given.
Section 6(2): Marriage Notice Book and publication -
(2) The Marriage Officer shall cause every such notice to be published by affixing a copy thereof to some conspicuous place in his office.
Section 7: Objection to marriage - (1) Any person may, before the expiration of thirty days from the date on which any such notice has been published under sub-section (2) of section 6, object to the marriage on the ground that it would contravene one or more of the conditions specified in section 4.
(2) After the expiration of thirty days from the date on which notice of an intended marriage has been published under sub-section (2) of section 6, the marriage may be solemnized, unless it has been previously objected to under sub-section (1).
(3) The nature of the objection shall be recorded in writing by the Marriage Officer in the Marriage Notice Book, be read over and explained if necessary, to the person making the objection and shall be signed by him or on his behalf.
The centre, in its counter affidavit filed through its Deputy Legislative Council, also said that, "The procedure laid down in this Act for registration of marriage is fair and reasonable, and that the conditions relating to solemnisation of Special Marriage mentioned under Section 4 of the Act is in consonance with the intention behind the Act."
Refuting Rehman's contention that the Sections violate the right to privacy, the affidavit also states that, "Though right to privacy is now part of fundamental right but it is not an absolute right as held by the Constitutional bench of the Supreme Court in the case of Justice K.S. Puttaswamy and Ors. Vs Union of India and Ors."
