The Delhi High Court on Wednesday issued a notice on a petition filed by an interfaith couple challenging the procedure of issuance of public notice inviting objections to the registration of the marriage for a period of 30 days under the Special Marriage Act.
A division bench of the high court presided by Chief Justice D. N. Patel and Justice Prateek Jalan directed the Centre and the Delhi government to file its response over the petition filed by the couple and listed the matter for further hearing on November 27.
The petition, filed through advocates Utkarsh Singh, Mohd. Tauheed and Mohd Humaid sought the setting aside of the impugned procedure of issuance of public notice for 30 days inviting objections to the marriage solemnization and registration under the Special Marriage Act, 1954.
“The petitioners, being directly affected and aggrieved by the impugned procedure for applying for registration of marriages under Sections 6 and 7 of the Special Marriage Act, 1954 wherein public notice is issued inviting objections mentioned in section 4 of the SMA, 1954 to the marriage for next 30 days. They are praying for declaration of said the impugned procedure for applying for registration of marriages under the Special Marriage Act, 1954 as Null and Void and ultra vires to the constitution of India as the same is grossly illegal, arbitrary and ultra vires to the Constitution of India,” the plea said.
It stated that objections mentioned in section 4(b)(c) of the SMA, 1954 can be ascertained on the basis of certificates issued from a government hospital or any prescribed authority, the objection under section 4(d) of the SMA, 1954 is inapplicable to inter-religious marriages, therefore the 30 days’ notice period directly impinges upon the fundamental rights of the petitioners.
