Delhi hc sma notice

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 531/2021
PARVEEN BANO & ANR. .....Petitioners
Through: Mr Utkarsh Singh, Mr Mohd.
Tauheed Arshi and Mr Mohd.
Humaid, Advocates.
versus
CHANDRA SHEKHAR SDM SOUTH WEST ..... Respondent
Through: Mr Naushad Ahmed Khan, ASC for
GNCTD.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
O R D E R
% 10.08.2021
The hearing was conducted through video conferencing.
1. This Court by its order dated 08.04.2009 passed in W.P.(C)
No.748/2009 (Pranav Kumar Mishra and Anr. v. Govt. Of NCT of
Delhi & Anr.) had directed, inter alia, as under:
“...9. It is to be kept in mind the that the Special Marriage Act
was enacted to enable a special form of marriage for any
Indian national, professing different faiths, or desiring a civil
form of marriage. The unwarranted disclosure of matrimonial
plans by two adults entitled to solemnize it may, in certain
situations, jeopardize the marriage itself. In certain instances, it
may even endanger the life or limb of one or the other party due
to parental interference.
….
11.In such circumstances if such a procedure is being adopted by
the authorities, it is completely whimsical and without
authority of law. The Writ Petition, therefore, deserves to
succeed; the respondents are hereby directed to consider and
process the petitioners‟ request for solemnization of marriage
under the Special Marriage Act, 1954, without sending any
notices to their residences. It is, however, open to the
Digitally signed By:KAMLESH
KUMAR
Signing Date:11.08.2021
13:39:47
Signature Not Verified

concerned Marriage Officer to display the notice on the office
notice board in accordance with law. All Marriage Officers
are hereby directed to follow the above procedures and not
despatch notices to the residence of the applicants, who seeks
solemnization of their marriage under Chapter II of the Act...”
2. In other words, whenever a couple desire to get their marriage
registered under the Special Marriage Act, 1954, notices are not to be
sent to their residences. There is prohibition to send such notices
which could jeopardize the plans of the applicants or become a cause
for threat to their lives or limb. At best, the notice can be displayed at
the notice board of the office in accordance with law. The Marriage
Officers were specially directed to follow the said procedure and not
to dispatch the notices, to the residences of the applicants/petitioners,
who sought solemnization under Chapter II of the Special Marriage
Act, 1954.
3. Pursuant to the aforesaid order, the GNCTD issued directions to all
the Deputy Commissioners of the Government of NCT of Delhi on
18.09.2009, which reads inter alia as under:
KUMAR
13:39:47

4. Despite the above, the respondent/SDM, South West District, issued
notices at the residence of one of the applicants/petitioners apropos
the registration of marriage sought by him and his partner, under the
provisions of the Special Marriage Act, 1954 on 25.02.2020.
5. The aforesaid issuance of notice is in clear breach of this Court’s
directions dated 08.04.2009. Prima facie, the court is of the view that
the respondent has committed contempt of court.
6. Issue notice to the respondent to show cause why contempt
proceedings be not initiated against him for obstructing the
administration of justice and for committing contempt of court. Notice
is accepted by the learned counsel named above for the respondent.
Reply be filed in two weeks each. Rejoinder thereto, if any, be filed
on or before the next date.
7. Renotify on 08.09.2021.
KUMAR
13:39:47

8. The order be uploaded on the website forthwith.
NAJMI WAZIRI, J
AUGUST 10, 2021/rd
KUMAR
13:39:47

Delhi hc sma notice

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