KERALA HIGH COURT - COMPULSORY 30 DAYS PRIOR NOTICE UNDER THE SPECIAL MARRIAGE ACT

27th Feb 2021

The petitioner seeks a direction to allow solemnization and registration of her marriage on a digital platform. The petitioner, who belongs to the Scheduled Caste community and one Ajith Joseph, Chathurthiakary, Alappuzha, submitted a notice of intended marriage before the marriage officer under the Special Marriage Act, 1954. The Petitioner also stated that she has to report to the United Kingdom for admission to a full-time Postgraduate course urgently. Therefore she is not in a position to wait till the notice period expires.

The Petitioner requested the court to either relax the notice period or allow digital platforms for solemnization.

The Kerala High Court observed that “Unless the provisions contained in the Special Marriage Act are amended, it would not be possible either to relax the mandatory period of notice or to allow marriage in digital form, especially when penal consequences are provided within the Act. Therefore the relief prayed for by the petitioner could not be granted”.

Author: Papiha Ghoshal