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The Delhi High Court today issued notice in a petition challenging the 30-day public notice period to invite objections to solemnization of marriage under Special Marriage Act. (Nida Rehman vs UOI)
The Petition has also challenged the constitutional validity of Sections 6 and 7 of the Special Marriage Act.
Notice to the Central and Delhi governments was issued by a Division Bench of Chief Justice DN Patel and Justice Prateek Jalan.
The petition has been preferred by Nida Rehman and Mohan Lal.
The Petitioners have stated that the "objections" to marriage under the Special Marriage Act are mentioned under Section 4 of the Act and the same do not require any public notice as they can be ascertained through government certifictaes and undertaking by the parties.
Therefore, the period of 30-day notice is unnecessary, unwarranted, discriminatory and impinges upon the life and liberty of persons, including the right to privacy, it is said.
It is further asserted that as a consequence, such couples either choose to not register their marriages altogether or opt to convert their religion.
The Petitioners have also argued that the mandate of Sections 6 and 7 insofar as they seeks to classify inter-faith marriages is discriminatory and violates Articles 14 and 21 of the Constitution of India.
It is stated that the sections confer uncontrolled discretionary powers upon an administrative authority i.e. Office of District Magistrate.
The matter would be heard next on November 27.
The petition was filed through Advocates Utkarsh Singh, Md Tauheed and Mohd Humaid.