AGENCIES/ LUCKNOW
In an order that would bring relief to inter-faith couples, the Allahabad High Court on Wednesday ruled that mandatory publication of notices for inter-faith marriages will be optional in order to protect the liberty and privacy of the couples.
Justice Vivek Choudhary observed that the publication of notices would “invade the fundamental rights of liberty and privacy” and also affect a couple’s decision to marry due to interference from state and non-state actors.
A section of the Special Marriages Act, 1954, requires an inter-faith couple to give written notice of the marriage to the District Marriage Officer.
The law says such notices be displayed in the official’s office in case anyone wants to object to the marriage within 30 days on the ground that it would contravene the usual rules, including age, mental health and customs of their communities.
In a 47-page judgment on Tuesday, Justice Vivek Chaudhary said couples can now give a written request to the Marriage Officer “to publish or not to publish a notice”.
In case they do not make a request for publication of notice, the Marriage Officer “shall not publish any such notice or entertain objections to the intended marriage and proceed with the solemnization of the marriage,” the order read.
The court passed the order following a petition by a Muslim woman who converted to Hinduism to marry a Hindu man. The petition said her father was not permitting her to live with her husband.