The Delhi High Court has taken exception to the action of a marriage officer who, against the rules, dispatched notices to the residences of an interfaith couple who had applied for registration of their marriage under the Special Marriage Act.
Following the notice sent by the officer — a Sub-Divisional Magistrate (SDM) — the father and brother of the woman, a Muslim, detained her and restrained her from contacting the man, a Hindu.
“The aforesaid issuance of notice is in clear breach of this court’s directions dated April 08, 2009. Prima facie, the court is of the view that the respondent (SDM) has committed contempt of court,” Justice Nazmi Waziri said.
Show-cause notice
“Issue notice to the respondent (SDM) to show cause why contempt proceedings be not initiated against him for obstructing the administration of justice and for committing contempt of court,” the court said in its August 10 order.
The Special Marriage Act was enacted to enable a special form of marriage for Indian nationals, professing different faiths, or desiring a civil form of marriage.
In its April 2009 judgment, the High Court had stressed, “Unwarranted disclosure of matrimonial plans of two adults entitled to solemnise it may, in certain situations, jeopardise the marriage itself. In certain instances, it may even endanger the life or limb of one or the other party due to parental interference.” The court had ordered all marriage officers not to dispatch notices to the residence of applicants seeking to solemnise their marriage under the Act.
It, however, said the marriage officer can display the notice on the office board.
The interfaith couple had applied for registration of their marriage in February last year. After the woman was restrained from contacting the man, he moved a habeas corpus petition before the High Court seeking direction to produce the woman before the court.
When the woman was produced before the court on March 19, 2020, she categorically conveyed to the presiding judges that she wanted to marry the man and live with him as his wife.
After she made the statement, the High Court interacted with her father and counselled him about the fact that both the man and his daughter were adults and entitled to take their decisions.
The father then assured the court that he will not create any hindrance, or give any threat to the couple. The woman told the court that she did not want to return to her parental home and proceed with the man from the court itself.
The High Court then directed the police to ensure a safe passage for the couple from the court to the residence of the man. It also directed the Station House Officer of the local police station to ensure strict vigil and to provide protection to the couple.
