HC grants more time to Delhi Govt to file reply on petition challenging sections 6, 7 of Special Marriage Act

The Delhi High Court on Monday granted Delhi government one more opportunity to file a reply on a petition challenging the procedure of issuance of public notice for 30 days inviting objections to the inter-faith marriage being registered under Special Marriage Act.

A Division Bench of Chief Justice DN Patel and Justice Jyoti Singh has given one more chance to the Delhi government to file a reply on the petition filed by an interfaith couple. The Court listed the matter for further hearing on December 24. The Court also noted that no counsel appeared from Delhi Government today in the matter.

The Court was hearing a petition filed by an interfaith couple through advocates Utkarsh Singh, Md Tauheed and Mohd Humaid. In the petition, the petitioners have sought to set aside the impugned procedure of issuance of public notice for 30 days inviting objections to the marriage as for solemnisation and registration of marriages under the Special Marriage Act 1954.

The interfaith couple has sought direction from concerned authorities 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 of India.

It has also sought direction from respondents to decide the objections on the basis of undertaking and certificates issued by government hospital 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, 1954 wherein public notice is issued inviting objections mentioned in section 4 of the SMA, 1954 to the marriage for next 30 days.

The petitioner submitted that objection under section 4(a) of the SMA, 1954 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 depriving petitioners of their life and liberty.

The couple know each other for the last nine years as they met during their graduation from Delhi University.

However, the Centre has opposed the plea and urged to dismiss a petition challenging the procedure of issuance of public notice for 30 days inviting objections to the inter-faith marriage being registered under the Special Marriage Act and said that the 30-day notice period is "fair and reasonable".

The Ministry of Law and Justice, in an affidavit filed before the Delhi High Court, said the intention behind the Special Marriage Act, 1954 is to keep adequate safeguards to the interest of various parties involved.

( With inputs from ANI )

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