Recently, Allahabad high court in the case of Safiya Sultana v. State of Uttar Pradesh held that the requirement of publication of notice of an intended marriage under Section 6 and inviting/entertaining objections under Section 7 of the Special Marriage Act, 1954 (SMA 1954), is not mandatory.

The court declared that, while giving notice under Section 5 of the Act, it will be optional for the parties to the intended marriage to make a request in writing to the marriage officer to publish or not to publish a notice under Section 6 and to not follow the procedure of objections as prescribed under the Act of 1954.

The court declared that in case they do not make such a request for publication of notice in writing while giving notice under Section 5 of the Act, the marriage officer shall not publish any such notice or entertain objections to the intended marriage and proceed with the solemnisation of the marriage.


AMARJOT SINGH

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