The Allahabad HC in the case of ‘Safia Sultan vs State of UP’ held that the publication of notice of intended marriage under special marriage act is not mandatory. The court observes that making this notice mandatory will violate the fundamental right of the right to privacy.
The court held that making of an application under section 5 of the act by the parties to the marriage for publication of marriage of notice is optional. If the parties do not make an application the marriage officer shall not publish the notice and shall not hear any objection under section 7 of the act.
However, it is open to the marriage officer to make verification about the age, identity, and valid consent of marriage. And it is also open to him to ask for details and documents in case of any kind of doubt. The court made a reference to various privacy judgments including Puttaswami Judgment.
The court further observes that, if the parties opt for the publication of notice of marriage; it will not be a violation of the fundamental right of right to privacy. A writ petition for the same issue is pending before the Supreme Court.
Section 5
This requires the parties of the intended marriage to make a notice to the district marriage officer.
Section 6
Under Section 6 the marriage officer shall publish such notice at some conspicuous part of his office. And, if any party to the marriage does not live in the same district, the officer shall send the notice to the district marriage officer of the district in which such party resides. After that such marriage officer shall publish the notice at some conspicuous part of his office.
Section 7
Section 7 requires the marriage officer to entertain the objection within 30 days of publication of such notice.