Allahabad High Court
Pawan Kumar Soni And Another vs State Of U.P. And Another on 8 May, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:75172-DB Court No. - 39 Case :- WRIT - C No. - 2113 of 2025 Petitioner :- Pawan Kumar Soni And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Ramesh Kumar Counsel for Respondent :- C.S.C. Hon'ble Arindam Sinha,J.
Hon'ble Avnish Saxena,J.
1. Mr. Prabal Pratap, learned advocate appears on behalf of petitioners and submits, impugned direction dated 06th December, 2024 made by the Marriage Officer for issuance of notice is de hors any provision in Special Marriage Act, 1954. He seeks direction upon the Marriage Officer to forthwith record marriage between petitioner nos.1 and 2 and issue the certificate to them.
2. Mr. Anubhav Chandra, learned advocate, Standing Counsel appears on behalf of State and draws attention to sub-section (3) in section 6.
3. Section 5 mandates notice to be given to the Marriage Officer by the parties intending to marry. Section 6 requires publication of the notice as provided and where one of the parties reside outside jurisdiction of the officer, the notice is to be transmitted to the Marriage Officer under whose limits such party permanently resides. There is no provision for issuance of notice.
4. We reproduce below text of earlier order dated 03rd March, 2025 made by coordinate Bench.
"Learned counsel for the petitioners states that in terms of the provisions contained under Section 6 of the Special Marriage Act, 1954, the marriage officer is require to cause the notice to be published by affixing a copy thereof at some conspicuous place of his office. Notice is not required. It is submitted that since the petitioners otherwise are residents of Sultanpur, the notice will have to be transmitted to the marriage officer of the district concerned.
Learned Standing Counsel prays for and is allowed ten days' time to obtain instructions.
Post as fresh, once again, on 17.3.2025."
5. On query made, Mr. Prabal Pratap submits, his clients want to get married forthwith. If they do so, they having had already given notice of their marriage, will present themselves before the Marriage Officer along with certified copy of this order and request registration of their marriage. We take it that the notice of intention to marry has already been duly published in a conspicuous place in the office and a copy kept in the marriage notebook. This presumption because the Marriage Officer had already fixed date for the marriage as on 06th January, 2025.
6. The writ petition is disposed of.
Order Date :- 8.5.2025 Gurpreet Singh (Arindam Sinha, J.) (Avnish Saxena,J.)