Tuesday 28 August 2012

Posting of notices of intended marriage on residence of parties is breach of privacy

. It is to be kept in mind the that the Special Marriage Act was enacted to
enable a special form of marriage for any Indian national, professing different
faiths, or desiring a civil form of marriage. The unwarranted disclosure of
matrimonial plans by two adults entitled to solemnize it may, in certain
situations, jeopardize the marriage itself. In certain instances, it may even
endanger the life or limb of one at the other party due to parental interference.
10. In such circumstances if such a procedure is being adopted by the
authorities, it is completely whimsical and without authority of law. The Writ
Petition, therefore, deserves to succeed; the respondents are hereby directed to
consider and process the petitioners‟ request for solemnization of marriage under
WP(C) No. 748/2009 Page 5 the Special Marriage Act, 1954, without sending any notices to their residences. It
is, however, open to the concerned Marriage Officer to display the notice on the
office notice board in accordance with law. All Marriage Officers are hereby
directed to follow the above procedures and not despatch notices to the residence
of the applicants, who seeks solemnization of their marriage under Chapter II of
the Act.
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