No notice need be sent to the Residence of Parties, who wanted to solemnise their under the provisions of Special Marriage Act,1954- Rajasthan HC

The Rajasthan High court held that the Special Marriage Act,1954 does not warrant to send notice to the residences of parties to the Marriage under the Act. The affixing of notice in the Registrar Office is suffice.

The order of the court as follows:

3. Same procedure was being followed in Delhi and as per a decision dated 08.04.2009 in W.P.(C) No.748/2009: Pranav Kumar Mishra & Anr. Vs. Govt. of NCT of Delhi & Anr., a learned Single Judge held that procedure for registration of the marriage under the Special Marriages Act, 1954 does not warrant to send a notice at the residence of the parties, much less affix the same at the residence through the SHO. The learned Single Judge noted that as per Section 4 of the Act the requirements to be fulfilled in law for solemnization of special marriages have been provided and does not contemplate issuance of a notice. The notice of the intended marriage is conceived by Section 5. It contemplates the parties to the marriage to give a notice in the forms specified in the Act to the Marriage Office indicating therein that they have been residing at the given address for not less than 30 days immediately preceding the date when such notice is given.

4. As per Section 6, the notice received by the Marriage Office has to be entered in a register which shall be open to any person desirous of inspecting the same. Sub-section (2) of Section 6 requires the Marriage Officer to cause every such notice to be published by affixing a copy thereof at some conspicuous place in his office.