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On Tuesday, 12 January 2021, the Allahabad High Court ruled that publication of a notice inviting objects is up to the couple marrying under the Special Marriage Act, 1954. The view taken by the court was that this rule violates the Right to Privacy of couples marrying under the act. Justice Vivek Chaudhary noted that while marriages under personal laws, even though they are declared to be void later, take place without any such interference.
It shall be at the will of the couple to publish a notice under section 6 of the act. The requirement under section 7 of the act, inviting objections, is to be read as that of directory nature and can only be given effect if the parties wish to comply with it.
The case involved a couple who got married under Hindu Marriage act. The marriage was between adults of different faiths and the woman had to convert to Hinduism to marry the man. The case was filed before the court as the woman was detained against her wishes as the father did not approve of the marriage. It was brought to the notice of the court that the couple would have married under the Special Marriage act, 1954, if there was no requirement publish a notice to invite objects, 30 days before the marriage. It was contended that such a provision was invading their Right to Privacy.
The court, citing various cases, the court was of the opinion that “In view of the changed social circumstances and progress in laws ... as well as the law declared by the ... judgments of the Supreme Court, it would be cruel and unethical to force the present generation living with its current needs and expectations to follow the customs and traditions adopted by a generation living nearly 150 years back for its social needs and circumstances, which violates fundamental rights recognized by the courts of the day... it is the duty of this court to revisit the interpretation of the procedure under challenge as provided in the Act of 1954.” Thus making it optional to make such a publication.
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