The Delhi High Court on Monday sought the Delhi government's reply on a petition for setting aside the system of 30 days advance public notice to register a marriage under the Special Marriage Act, 1954.Noting that no counsel has appeared for the Delhi government in the matter, a bench of Chief Justice D.N. Patel and Justice Jyoti Singh has given one more chance to the government by listing the plea on December 24 for further hearing.As per the plea filed by an interfaith couple, the procedure of issuance of public notice for 30 days is inviting objections to the inter-faith marriage being registered under the Special Marriage Act.Demanding to set aside the impugned procedure, the plea, filed through advocates Utkarsh Singh, Md Tauheed and Mohd Humaid, sought direction from authorities concerned to register the marriage of the petitioners with immediate effect.
The petition has also sought to declare Sections 6 and 7 of the Special Marriage Act as null and void by holding it as illegal, ultra vires, and unconstitutional to the Constitution.It has also sought direction from respondents to decide the objections on the basis of undertaking and certificates issued by government hospitals or any other prescribed authority, submitted by the petitioners.The petitioners said that they are directly affected and aggrieved by the impugned procedure for applying for registration of marriages under Sections 6 and 7 of the Special Marriage Act, wherein public notice is issued inviting objections, mentioned in Section 4, to the marriage, for next 30 days.The petitioner submitted that objection under Section 4 (a) is based on a presumption and bias running against the inter-religious marriages and the same conditionality (neither party has a living spouse) can well arise in other religious marriages also but they are exempted from 30 days' notice period, thus depriving petitioners of their life and liberty.