Summary:
Thus, the the court held that the procedure of affixing the notice at the residence of the parties is not warranted or authorised by law. After the filing application to the authorities for registering marriages, the officer concerned sends notice to the address of the couples for verification and their respective families came to know of their impending marriage. It has been held that this would amount to a breach of privacy of the individuals. The petitioner challenged the legality of the procedure followed by the competent authority under the Special Marriages Act, 1954 to paste a notice of the intending marriage between the couple at the respective residence of the couple through SHO of the concerned Police Station.The petiiton said very often the couples register their marriages under the Special Marriages Act due to the differences in their families for the relationship. 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.".