Updated Jan 13, 2021 · 08:32 pm Representative image. | HT
The Allahabad High Court on Wednesday ruled that the requirement to give a public notice of intended marriage under the Special Marriage Act was not mandatory in Uttar Pradesh,
Live Law reported.
Sections 6 and 7 of the Act require the couple to publish a public notice 30 days prior to the marriage to invite or entertain objections, according to
Live Law.
However, while hearing a petition on Wednesday, the court noted that mandatory publication of such a notice would interfere with the fundamental rights of liberty and privacy and the freedom to marry without the interference of the state.
Currently, under section 5 of the Special Marriages Act, a notice in writing has to be given to a Marriage Officer of the district who then publishes it for 30 days in a "conspicuous place in his office" to invite objections to it.
In an important judgment, Allahabad High Court has held that requirement of publication of notice of intended marriage under Section 6 and inviting/entertaining objections under Section 7 of the.