Lucknow, Jan 13, 2021: The Lucknow bench of Allahabad High Court has ruled that displaying a notice of inter-faith marriages is optional. The court, while making the ruling, called the practice a violation of the fundamental rights of liberty and privacy.
The court also stated that Sections 6 and 7 of the Special Marriages Act, 1954 is wrong, adding that choosing a life partner of choice without someone’s interference is their fundamental right.
As per a section of the Special Marriages Act, 1954, an inter-faith couple is required to submit a notice of the marriage to the District Marriage Officer. The notice is further displayed in the official’s office in case anyone wishes to raise an objection to the marriage within 30 days.
The court has decided that the people who are getting married do not want their details to be made public, they can opt out of publishing a notice of their marriage. For such marriages, objections will not be considered valid.
However, the marriage officer will have the option to verify the identity of both parties.
The court remarked that such a step is centuries old, and is cruel and injust to the younger generation.
Justice Vivek Chaudhary’s verdict from the Lucknow bench of the High Court came on the habeas corpus petition of Safia Sultan who married Abhishek Kumar Pandey and changed her name to Simran following Hinduism.
The High Court had decided on December 14 after the completion of the hearing. The Lucknow bench of the High Court disposed of the petition giving its verdict on Wednesday.
Court also asked UP Chief Secretary to communicate the ruling to the Marriage Officers of the state and concerned authorities.