Relaxation of 30 days mandatory Notice Period and Permission of Digital Marriage is Not Possible without the Amendment in Special Marriage Act: Kerala HC
The Kerala High Court held that;
- the relaxation of the mandatory period of notice and,
- the permission of digital marriage
is not possible unless there is an amendment under the Special Marriage Act.
In this case, a girl states in her application for registration of marriage that, she got married on 15.01.2021 in a private function. But both the husband and wife belong to different religions. The office of the Registrar informs them that they have to undergo the solemnization of marriage under the Special Marriage Act. Then the notice of intended marriage of 30 days will be published.
After it the girl approaches the Kerala HC and contents that, she has to go abroad for studies. So, she cannot wait for 30 days. The court either waives off the mandatory period of 30 days notice or allows them for the digital marriage.
The Kerala HC held that:
The court refers to the various provisions of the Special Marriage Act and held that; it is not possible to allow the procedure online. The physical presence of the parties and witnesses before the Registrar is mandatory.
A few days ago the Allahabad HC held that the mandatory publication of notice under section and section 7 is violative of the right to privacy. But the same petition is pending before the Hon’ble Supreme Court.
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