In news

Allahabad High Court has ruled that couples seeking to solemnise their marriage under the Special Marriage Act, 1954 can choose not to publish the mandatory 30-day notice of their intention to marry

Issue

Section 5 of the Special Marriage Act, the legislation that allows solemnisation of marriages irrespective of the religion of the couple, requires parties to give a 30-day public notice of their intention to marry.
The public notice is displayed at the office of the marriage officer, inviting potential objections to the marriage.
Inviting objections to the intended marriage in Act of 1954 violates the fundamental rights

Solution

The interpretation of Sections 6 and 7 read with Section 46 containing the procedure of publication of notice and inviting objections to the intended marriage in Act of 1954 thus has to be such that would uphold the fundamental rights and not violate the same.

The Special Marriage Act, 1954

• It is an Act of the Parliament of India enacted to provide a special form of marriage for the people of India and all Indian nationals in foreign countries, irrespective of the religion or faith followed by either party.
• The Act originated from a piece of legislation proposed during the late 19th century. Marriages solemnized under Special Marriage Act are not governed by personal laws.

Source: Indian Express